Legal Question in Civil Litigation in Idaho
Neighbor Dispute
Continuing disputes over fence, kids, animals. The neighbor make agreements then change their minds. Have made threats to have animals destroyed. Cats have been trapped. One has come up missing. Threatens trespass charges on adults and children if found on their property. Threats made regarding children�s toys being found in their yard, will not return them.
Hired a mediator, they met with the mediator and refused to follow through and meet with us. All the threats have been made by them at our front door.
What recourse do we possibly have besides moving..Is this considered harrassment?
1 Answer from Attorneys
Re: Neighbor Dispute
the real property rights in ID are valued highly. If you cat is on another's property, the owner can usually deal with the problem as they wish, as long as the other doesn't cross the thin line between protecting his property against unwarranted intrusion or interference. If your pets are on his property, he probably can deal with the problem as he wishes.
There is no harassment statute in Idaho other than harassment related to harassment for the specific purpose of harassing someone on the basis of their color, religion, ancestry, or national origin. No right of privacy cases exist that I know of that would help you in your circumstance other than harassment for those specific cases.
If the harassment is by the teleph then it is a crime in ID and the police can investigate the same and the person can be arrested and charged. See ID code section 18-6710.
Fence line disputes can usually be easily resolved if you find an engineer to survey your property and find the actual property lines. Then the resolution is quickly reached as long as your neighbor doesn't get a contrary survey, which of course shouldn't happen, at least theoritically speaking.
I suggest you keep you kids, cats, and toys off their property b/c he can get trespassing charges filed against you if he has previously told you that such actions will cause him to file charges or the any trespassing will not be tolerated. If he doen't want you or your possessions to be found on his property, he has every right to file trespass charges against you.
If you make agreements with this guy you better make sure they are in writing signed by both him and his wife and you and yours, that some consideration exists, and that the agreement is clear with no parts being interpreted in varying ways.
It is impossible for me to detail all the possibilities for you without sitting down with you and discussing at length exactly what is happening. You can certainly stop them from coming to you door and threatening you. Simply advise them that if it happens again, you will file trespass charges against them.
the bottom line is that property rights are taken very seriously in ID.
If he fails to return the kids toys, I'd contact the police and have him charged with theft. He obviously knows they aren't his property, and whose property it is and he is wrongfully depriving you of your property.
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