Legal Question in Real Estate Law in Indiana

sue the neighbor?

Our new neighbor didn't like us driving on the county road that ran past their house ( 20 ft from rd.). This is a gravel road and our only way to our home. We tried to play by all their rules, they made speed bumps, posted speed limits, put obstacles like tires and garbage in and around the roadway, errected two gates blocking the road. We had two new cars so we never went faster than 25 on the road. Their only child is 19 years old. They blocked us in and out, shined spotlights in our eyes at night and we finally fled when they started shooting at us on our own property. They use our property, 46 acres of wooded splendor, as their own. Yes law enforcement was called, they say their hands are tied unless they see something happen. We put the property up for sale, you guessed it, they stole the realestate signs stopped potential buyers in the road and questioned them. So no buyers. The ''kid'' now, according to other neighbors, rides an atv with a 357 magnum in his lap. Other than foreclosure what can we do?


Asked on 9/03/07, 10:59 am

2 Answers from Attorneys

Mark Voigtmann Baker & Daniels

Re: sue the neighbor?

Sounds like a restraining order issued by a local judge may be in order. In addition, you may be able to press criminal charges.

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Answered on 9/14/07, 4:53 pm
C. David DuMond Law Offices of David DuMond

Re: sue the neighbor?

You can sue the neighbor for trespass and nuisance. But first, I suggest you file a complaint with the county prosecutor. The police cannot file a misdemeanor complaint for conduct they do not observe, but the observer can. So make an appointment with the county prosecutor's office, and explain everything that has happened, and ask for help. You are entitled to have the government's assistance to enforce the law. Good luck.

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Answered on 9/03/07, 12:56 pm


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