Legal Question in Real Estate Law in Illinois
Cease and desist order
Our neighbor trimmed our bushes at fence-top level of the chain link fence between our properties and destroyed our privacy. We built a privacy fence. Two days ago we saw walk along the chain link fence line pouring some form of plant killer on our bushes. I asked her to stop and her reply was that she was killing the weeds on her side of the fence. Can we get some form of court order to stop her from doing any more damage. I suspect that any action we take will cause her spread more poison in our flower bed along the street and possibly even in our yard.
2 Answers from Attorneys
Re: Cease and desist order
Your neighbor's actions may very well be criminal (destruction of your property). Why don't you try calling the police to see what they say?
If not, perhaps then you could sue her in civil court for destruction of your property and maybe an injunction to prevent her from doing any other damage. Then if she violates it, she could be in contempt of court.
Re: Cease and desist order
I agree that there is not much you can do without her "counter attacking". I understand the emotions involved, but the court will almost always see this kind of thing as trivial. Be careful, because if you counter attack YOU can be in serious trouble. Remember, in sports, it's always the one who throws the -second- punch that gets penalized.
All I can suggest is that you live well in a part of your yard she can't get at. A huge garden in the middle of the back yard, for example.
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