Legal Question in Real Estate Law in New Jersey
Hello, just want to give you a quick background. This is such a petty thing its almost embarassing to mention, but my neighbor is that crazy. Our neighbor is accusing us of stealing his garbage can and that he has videotape proving it. I told him I know I took the can, because it was mine. It even said our # on it. The argument then escalates to him making racist comments towards us because we happen to be a muslim family, and he then proceeds to call the police to have a report filed. I have told him and wife both that if any of the garbage cans on our property belong to them, feel free to take it back. They didn't, they said we can return the one we took. I am willing to even give them the darn can at this point, even though its a shame because it is ours, but im concerned he will escalate this further.
My questions are, if he were to escalate this, what would happen? The value on the report is $15. The cop said that maybe if we just give them the can, this could end, but the MAYBE concerns me. If I give them the stupid can, can he still do something further? I hate that I have to give them back whats rightfully mine, and even if i do, I can still get screwed?
Please advise. Thanks.
3 Answers from Attorneys
If you give him back the can, it can be used by him to show that you really stole it from him since you wouldn't do that if it was really yours. Crazy neighbor cases are tough to handle because a crazy person is always crazy no matter what you really do. There is no right way to handle this except to try not to provoke them. If they do file some type of criminal charge against you, hire an attorney and fight it in court.
Thank you for your LawGuru question. Well, you're right. It is almost to embarrassing to mention--- just kidding. There's an old saying, "Tall fences make good neighbors." Seriously, as to the garbage can dispute, from a civil (i.e., non-criminal) standpoint, it can, like any civil dispute, be resolved to the mutual satisfaction of the parties, AND a mutual release should be signed releasing any future claims. Whether you want to spend money on legal fees related to such a process is something to consider. As to criminal charges, I'd need to research the matter. There is a question as to whether the right to file criminal charges can be waived (i.e., released). Of course, if the matter escalates into threats of violence, you should report the matter to local police immediately. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
With best wishes,
Barry F. Gartenberg, Esq.
Please visit my website!
Bad neighbor - can be a big problem. You have the advice of the attorneys who wrote back to you.
I also have some suggestions and advice. Let me know if you want me to assist you. My office is pretty close to your house.
Robert Davies, Attorney 201 820 3460
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
