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SOOOOO, the police just left my house..........................


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In another topic I wrote about issues we are having with our neighbors about the property line. Every Sunday he mows 5-6 feet inside our yard because he says it his. That's fine, even though we've had the discussion with him not to do it. We just want to get along.

 

But today my grandsons green machine was in his way, on our lot, and he began pitching a fit that it was on his 'propty', his word not mine. Then his wife came out yelling that we had been throwing things at her house, knocking down her mail box and threatened that it better stop or else. That didn't fly, and as she kept screaming about us stealing her dogwoods, chopping down her giant trees and whacking her mail box, we called PCSD.

 

They arrived and we showed them the survey we had done in May and they said it was our word against the neighbors and there was nothing they could do. Seriously?They took the 'we didn't see it' attitude so there's really nothing we can do. The neighbor kept saying that he had his own survey at the courthouse and that there was no power pole when they moved in. REALLY? How did you have power? We also have the original plat from the courthouse and it looks exactly like the new one we have. The surveyor told us himself that the pins they located were original and in the exact same spot as when the lots were laid out.

 

I hate conflict. Hate it. I'm OK with him mowing my lawn, but don't threaten me and my family with the 'or else' words. EVER. And maybe she was talking more craziness, but the first time we met, she told me she had a gun and wasn't afraid to use it. WTH does that mean? I'm afraid to put middleschooler to bed because his room is on their side of the house.

 

And no, moving isn't an option.

 

Do we call a lawyer and if so what kind? What is the cost? These people are unreasonable because even with proof, they still dispute it. I'm at a loss.

 

And the kicker is, is that they ruined our delicious dinner. I made chicken paninis and parm/garlic orzo and we had just gotten up from the table when we heard screaming from outside. I hate this!

 

So now what? The police it was a civil matter, but that means about as much to me as a foreign language.

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Just tell the Sheriff you're a big time developer and he will not only put a stop to it if you're lucky you'll end up with the neighbors house to boot.

Good fences make good neighbors. I have had a neighbot like this. A fence is the only thing they respect. Inform them of your intent. I would even go to the exspense of a new survey. Inform them of th

I wouldn't roll over either, but I wouldn't burn a cross in their yard.

Tell them in the Bible it says not to move your neighbors property line. Deuteronomy 19:14

But they don't believe that it's our property, he keeps saying it's his, so that may not work.

I would put up a couple of fence posts about a foot inside the property line. Have your phone camera ready to take video or pictures as he starts to take them down, then call the police. The cops can't dispute that.

Thats a good idea. This makes my stomach hurt. If I was a horrible neighbor, if we were loud and rude, but we aren't. Anyone who knows me, knows that.

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Have you installed security cameras yet? I would do that first. What about a fence?

 

I'm afraid you're in for a long haul and even if you win, do you really win? I would be asking neighbors about them. Gather as much info as you can.

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Thats the plan, but every time we put up the line to mark it, he takes it down and says we're on his 'propty'.

You're probably going to have to call the police when you put the fence up. My bet is, they've had the cops called on them before.

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I don't think he'll ever believe that it's ours regardless of who tells him it is. I have the PROOF, the original plat and the new survey. How do you convince people like that? They told the police we act this was as does the rest of Paulding county because they are black. I don't care what color you are, be a good neighbor and I'll be one right back.


You're probably going to have to call the police when you put the fence up. My bet is, they've had the cops called on them before. They kept telling the police that we had 'reported' them before. UUUMMM. no. This is just crazy and a little scary. I've never been accused of anything like this and it's frustrating.

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Call the sheriff's back out next time he is on your property, then let them know you want a warning given so that the following time you can have him/her arrested for criminal trespass. If that doesn't work file a civil suit.

 

Spray about five gallons of round up on disputed property and no more mowing.

 

Definitely get a security system.

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Call the sheriff's back out next time he is on your property, then let them know you want a warning given so that the following time you can have him/her arrested for criminal trespass. If that doesn't work file a civil suit.

 

Spray about five gallons of round up on disputed property and no more mowing.

 

Definitely get a security system.

But the problem with calling the SD is that they say it's our word against his. They didn't do anything tonite except tell us to stay away from them. At what point do the police actually do something? I've had to call them maybe 4 times in the past 19 years I've lived here and each time we're told the same thing, 'we didn't see it happen' or 'it's your word against theirs'.

 

And I;m not police bashing, I respect the law and the people who try to uphold it. It's just very frustrating when they say 'sorry can't help you'.

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You need security cameras and view them each morning and see if they're coming onto your property at night..

 

I don't know how you make anything stick or get the deputies to do anything. I'm at a loss on that one, unless you actually go and talk to the Sheriff.

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But the problem with calling the SD is that they say it's our word against his. They didn't do anything tonite except tell us to stay away from them. At what point do the police actually do something? I've had to call them maybe 4 times in the past 19 years I've lived here and each time we're told the same thing, 'we didn't see it happen' or 'it's your word against theirs'.

 

And I;m not police bashing, I respect the law and the people who try to uphold it. It's just very frustrating when they say 'sorry can't help you'.

If you know where the property pins are, mark them and then put up a couple of fence posts a few inches inside the property line. Video him as he's taking them down or destroying them. Call the cops again to file a complaint, then go to the DA's office and have a talk with them.

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If you know where the property pins are, mark them and then put up a couple of fence posts a few inches inside the property line. Video him as he's taking them down or destroying them. Call the cops again to file a complaint, then go to the DA's office and have a talk with them.

Not only do I know where the pins are, but there is a BIG BLUE X painted on the road directly in front if the utility pole that is exactly on the line. I'm checking on security cameras right now, something I know nothing about, just to have an ongoing record. I hate being this person, having to feel like I have to protect myself and family from a nutty neighbor.

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Not only do I know where the pins are, but there is a BIG BLUE X painted on the road directly in front if the utility pole that is exactly on the line. I'm checking on security cameras right now, something I know nothing about, just to have an ongoing record. I hate being this person, having to feel like I have to protect myself and family from a nutty neighbor.

 

Check with a lawyer, momof3! They'll talk to you about what you need to do, without a charge.

 

But, I believe you will need a DECLARATORY JUDGMENTS, under O.C.G.A 9-4-2.

 

In cases of actual controversy, the respective superior courts of this state shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

 

In addition to the cases specified in subsection (a) of this Code section, the respective superior courts of this state shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

 

Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCMQFjAAahUKEwiR6K_z9ovHAhUJzoAKHSJ9CN0&url=http%3A%2F%2Flaw.justia.com%2Fcodes%2Fgeorgia%2F2010%2Ftitle-9%2Fchapter-4%2F9-4-2&ei=S9q-VdGWJImcgwSi-qHoDQ&usg=AFQjCNHDsB7eLuLtjd17OdH1GAp1lNMVBg&sig2=muJvhsmoxx8N0O4WlPOv6A

 

Once you have a DECLARATORY JUDGMENT the law must not say that it's your word against theirs. If they come back onto your property they are trespassing. Trespass is another violation of the law, each time.

 

Then stick up a "NO TRESPASS SIGN". It's as good as a fence.

Edited by The Postman
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Check with a lawyer, momof3! They'll talk to you about what you need to do, without a charge.

 

But, I believe you will need a DECLARATORY JUDGMENTS, under O.C.G.A 9-4-2.

 

In cases of actual controversy, the respective superior courts of this state shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

 

In addition to the cases specified in subsection (a) of this Code section, the respective superior courts of this state shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

 

Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCMQFjAAahUKEwiR6K_z9ovHAhUJzoAKHSJ9CN0&url=http%3A%2F%2Flaw.justia.com%2Fcodes%2Fgeorgia%2F2010%2Ftitle-9%2Fchapter-4%2F9-4-2&ei=S9q-VdGWJImcgwSi-qHoDQ&usg=AFQjCNHDsB7eLuLtjd17OdH1GAp1lNMVBg&sig2=muJvhsmoxx8N0O4WlPOv6A

 

Once you have a DECLARATORY JUDGMENT the law must not say that it's your word against theirs. If they come back onto your property they are trespassing. Trespass is another violation of the law, each time.

 

Then stick up a "NO TRESPASS SIGN". It's as good as a fence.

Thank you for the info!

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Thank you for the info!

 

 

You are very welcome, momof3!

 

I am so sorry you are having to go through this. It seems that you have done everything you can do prior to talking with a lawyer. Don't allow this to fester any more, if you can help it. Get legal, and then stand your ground. After you put up no trespassing signs, and they come onto your property again, sue them for trespass.

 

But, you need that DECLARATORY JUDGMENT, first. I think. But a good lawyer will tell you. You might just need a couple No Trespassing signs.

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The property line dispute is indeed a civil one. When the Sheriff's a office responds and is told by you and the neighbor that you both own a particular piece of property--especially in the vicinity of where they border--they are telling the truth when they say they can do nothing.

 

You will have to file suit in the courts and petition for a judgment based on surveys and other necessary records.

 

Beyond that, I would get video evidence of the BS they are pulling and then go see the magistrate judge to seek criminal redress.

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Also:

 

A Cease & Desist Letter is often times the first step to asking an individual, or a business, to stop an illegal activity. The purpose of the letter is to threaten further legal action if the behavior does not stop.

 

If this guy is cutting your grass without your permission, momof3 send him a Cease & Desist Letter.

 

 

https://www.youtube.com/watch?v=Vgv__9i8NrA

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Go to an attorney.....you can chase your tail if you like but as a friend I would say....go to an attorney.

 

I'm really sorry you're going through this. It's beyond frustrating and stressful. I believe the recorded plat will rule. I bet if you look at your deed, it will say something along the lines of.....as described in the plat recorded at book , page , Paulding co., records. That's why I think it will rule. As far as I know, record descriptions are tough to put aside. If your description changes, everyone's in you subdivision changes too. That's a mess.

 

You are dealing with an unreasonable nut job. Chances are, that's why it was put on the market in the first place.

 

Once you get the courts involved, if it's found in your favor, put up a fence and tell this guy to get another hobby.

 

Best of luck!

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These people sound like my old neighbors. Are they elderly?

They're probably a little older than me and Hubby, maybe late 50's, early 60's. This is just crazy..........Are plats public record? I'm going to the courthouse this morning to get another copy of the original lines and it was suggested that I also get one of the neighbors lot too. I'm at a loss.

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Good fences make good neighbors. I have had a neighbot like this. A fence is the only thing they respect. Inform them of your intent. I would even go to the exspense of a new survey. Inform them of the day and time your surveyer will be there. Tell them it is in their best interest to have their platt with them that day. Have cameras rolling through the survey and the fencing. You may always have to have a security camera on that side of the house and property. Something tells me there is history here that has very little to do with you. It was the same for me. Thankfully my problem moved eventually. You can almost count on this going to court. It is the price of peace. Definitely make it a privacy fence.

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I don't think he'll ever believe that it's ours regardless of who tells him it is. I have the PROOF, the original plat and the new survey. How do you convince people like that? They told the police we act this was as does the rest of Paulding county because they are black. I don't care what color you are, be a good neighbor and I'll be one right back.

I would def put the fence up, especially since you have proof of where the property line is. Do you have a HOA?

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But the problem with calling the SD is that they say it's our word against his. They didn't do anything tonite except tell us to stay away from them. At what point do the police actually do something? I've had to call them maybe 4 times in the past 19 years I've lived here and each time we're told the same thing, 'we didn't see it happen' or 'it's your word against theirs'.

 

And I;m not police bashing, I respect the law and the people who try to uphold it. It's just very frustrating when they say 'sorry can't help you'.

I am sorry. I had to move. Paulding County SO said it was ok for my neighbor to shoot at us and the other neighbors, on a regular basis. We got NO help. We were told that we had the right to defend ourselves, until I wanted to puke. I could not even mow my grass without the fear of gunfire. I hope yours does not get that bad.

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You need to go talk to an attorney or it could be something you can even file yourself. It certainly is a civil matter from a law enforcement perspective when it comes to property line disputes over a few feet. To arrest someone with trespassing you first must prove the property isn't theirs or they didn't reasonably believe it was theirs. When you have two sides claiming two different things coupled with cops who aren't surveyors then it certainly is a civil matter at that point, meaning something that should be decided by a judge in a civil venue such as magistrate court. You go to court, get a declaration that your property survey is the correct and legal one and then it probably becomes enforceable criminally.

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But did you wack their mailbox?

No, but they tell everyone we did. In looking back, I'm beginning to believe that the 'they' they continue to rail about is all white people collectively in Paulding county. They continue to say things like 'we've been here 20 years and we've had nothing but trouble from 'them', 'they stomped our flowers and cut down our huge oak trees', 'they stole our dogwoods'. My favorite to date was from a few weeks ago when she was yellingbecause the kids were riding bikes in the street that 'they are all racist thugs'. WTF!

Good fences make good neighbors. I have had a neighbot like this. A fence is the only thing they respect. Inform them of your intent. I would even go to the exspense of a new survey. Inform them of the day and time your surveyer will be there. Tell them it is in their best interest to have their platt with them that day. Have cameras rolling through the survey and the fencing. You may always have to have a security camera on that side of the house and property. Something tells me there is history here that has very little to do with you. It was the same for me. Thankfully my problem moved eventually. You can almost count on this going to court. It is the price of peace. Definitely make it a privacy fence.

We're doing this today, not so much because I think they will do anything to us, but because I want proof that we didn't do anything to them.

I would def put the fence up, especially since you have proof of where the property line is. Do you have a HOA?

Nope, no HOA.

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Don't you need additional parking? Have a grading company come out and widen your driveway (or make a new one) right up to the property line, and dump several truck loads of gravel. That will put an end to his mowing.

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You need to go talk to an attorney or it could be something you can even file yourself. It certainly is a civil matter from a law enforcement perspective when it comes to property line disputes over a few feet. To arrest someone with trespassing you first must prove the property isn't theirs or they didn't reasonably believe it was theirs. When you have two sides claiming two different things coupled with cops who aren't surveyors then it certainly is a civil matter at that point, meaning something that should be decided by a judge in a civil venue such as magistrate court. You go to court, get a declaration that your property survey is the correct and legal one and then it probably becomes enforceable criminally.

It didn't become a police matter until they threw the words, 'do something or else', directed at my grandson. It wasn't worth the argument in our opinion until he stated that the Green machine that the kids had been playing with was in his way, in his yard while he was trying to mow.

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1. Attorney

2. Judgement

3. No trespassing signs

4. Fence

 

It's gone beyond trying to settle this between yourselves. Once you have the judgement, you can then call and have them arrested for trespassing.

 

Meanwhile...Do you have outdoor animals? I would watch for them to try to poison them as retaliation. :(

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1. Attorney

2. Judgement

3. No trespassing signs

4. Fence

 

It's gone beyond trying to settle this between yourselves. Once you have the judgement, you can then call and have them arrested for trespassing.

 

Meanwhile...Do you have outdoor animals? I would watch for them to try to poison them as retaliation. :(

 

 

You have the correct answer exactly, SB!

 

It is going to cost momof3 to do something about this. There is no need to spend a bunch of money on things that may not work.

 

So your strategy, here, is the best course of action. She may not even need a fence. If she sues them for trespass a few times, they will buy a fence to protect themselves.

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