Atlanta, GA asked in Criminal Law and Civil Litigation for Tennessee

Q: The neighbor on the street behind the subdivision, our back yards are adjacent and separated by trees, trespasses.

She thinks our back yard is her property, she has mental issues, our back yards are separated by about 50ft of woods. Currently in criminal court because she hit my brother and he was a minor and civil court were the judge keeps rescheduling because she’s never able to prove the land is hers because it’s not. She has been a problem for yrs but most recently, the house is vacant, she spend the whole day in the back yard digging holes and putting in stakes (all on camera) because she says she going to build a fence. She was literally a couple feet away from the concrete slab at the back door. Police would not remove her from the property because they said it’s a civil matter. The next day we were able to get someone to go by and pull up the stakes. She got so anger she called the police. When they left she through a huge rock through the window (which didn’t catch this on camera). This is exhausting, the law does nothing, how can we put an end to this?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If LEO's do not believe criminal trespass and vandalism is occurring, then you have a civil matter. Hire a competent attorney that litigates real property. Search both titles, then file suit in Chancery for a Boundary Dispute. Service may be a problem with that woman, if she is the owner. A Survey will probably be necessary. You can sue for minimal Trespass Damages, but there is no money here---it will be expensive and difficult. SOL's may have already run, so hire an attorney today.

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