Neighbor filed a warrant against me after she saw me with a camera yesterday!

[kallan]

Won't he be able to see them from your side- and as a Federal Agency FOIA does apply to EPA so you should be able to get their report eventually.

FOIA itself doesn't apply to the states but- each state has their version of it. http://www.foiadvocates.com/records.html

Also of interest might be your local "Sunshine Law" different areas have their own version but pretty much everwhere in the US has something http://legal-dictionary.thefreedictionary.com/_/dict.aspx?rd=1&word=Sunshine+Law it's about letting people know what their local gov't is doing.

But, it does all come down to- you do need to get a lawyer. This has gone past normal neighbor disagreements. It's escalating.

The investigator can definitely see it from my side of the fence! He wants a broader picture or something...I'll get a ladder in a bit and see what I can do.

I will get a consultation with a lawyer next week. My daughter is due early August ,so I want to wait until after her delivery....she wants me in there with her. She is in NC and I don't think she has much longer.

 

[enola]

You need to check local laws, in many areas if the fence is on the property line both parties can legally repair and maintain the fence...

You are right, if the fence is ON the property line. However, if the fence is set even a few inches inside of the property line it would be illegal to attach anything to it.

 

[kallan]

This might be true, but the EPA can most certainly 'compel' law enforcement to enforce the law, otherwise what is the point of the EPA and their Federal Laws if everyone could simply 'not cooperate'... I would follow up with local law enforcement again, if they refuse to uphold and enforce the law I would start taking it up the chain of command... If the violation is in clear public view as it is since you can clearly see it, the police don't need a warrant to pursue charges...

And honestly I would start to talk to a lawyer about a civil lawsuit as well, your neighbors actions are clearly illegal and could easily if not already be causing damage to your health, your animals health or even poisoning your property, all fully creditable grounds to sue...

Law enforcement will be contacted again tomorrow. I agree, what they are doing is illegal, but no one is taking it seriously....except me.

 

[MeepBeep]

You are right, if the fence is ON the property line. However, if the fence is set even a few inches inside of the property line it would be illegal to attach anything to it.

As I said it all depends on your local laws, check your local laws... In Illinois 'boundary' fences are the responsibility of both parties even if the fence is set on one side of the property line... So check the wording of the law carefully, I'll quote Illinois law below, and notice that they call it a 'division fence' the law does not require it to be on the property line to apply, only that it's a division fence between the two properties... Also note that in many areas if you put the fence up offset on your property and don't maintain the portion of land you offset then many times that portion of land becomes the neighbors under law or they can bill you for maintenance...

Quote:

Quote:

And many of the towns in my area even have further language, some even allowing you to 'trespass' legally on the other side of the boundary fence to maintain and repair it....

Anyway since we are talking about Virginia, here is the applicable Virginia law...

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000018000000000000

Quote:

 

[kallan]

As I said it all depends on your local laws, check your local laws... In Illinois 'boundary' fences are the responsibility of both parties even if the fence is set on one side of the property line... So check the wording of the law carefully, I'll quote Illinois law below, and notice that they call it a 'division fence' the law does not require it to be on the property line to apply, only that it's a division fence between the two properties... Also note that in many areas if you put the fence up offset on your property and don't maintain the portion of land you offset then many times that portion of land becomes the neighbors under law or they can bill you for maintenance...


And many of the towns in my area even have further language, some even allowing you to 'trespass' legally on the other side of the boundary fence to maintain and repair it....

Anyway since we are talking about Virginia, here is the applicable Virginia law...

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000018000000000000

Maybe he wants a new fence since he is again trying to sell his property. Willfully destroying it so I have to pay half? Interesting.

 

[BexB]

This is like a horror movie. I know it would cost, but I think I would do as some have suggested, and move the coop and plant big bushes the entire side of the fence. The cops clearly don't take it seriously, and personally I'd be afraid just what the mentally unstable people would do next. These people don't deserve you catering to their psychosis, but thats better than being victim to it.

 

[Kazfam]

Cops that do nothing (or insult you).
Been there...try not to let it bother you.

 

[tridentk9]

This is like a horror movie. I know it would cost, but I think I would do as some have suggested, and move the coop and plant big bushes the entire side of the fence. The cops clearly don't take it seriously, and personally I'd be afraid just what the mentally unstable people would do next. These people don't deserve you catering to their psychosis, but thats better than being victim to it.

"Just because you can doesn't mean you should" You can leave your coop there, but should you? Sigh, I'd worry about my animals. Even though I have more legal protection for my dogs than the average person, the chickens have limited protection. If someone killed them, even if intentionally, they have little monetary value, that's all civil courts care about. And dead is dead. Is being right worth the possible loss?

I know, I'd absolutely HATE to let her think she'd "won". And even if you move the coop there is no guarantee she'll stop. But if it's moved to a location where you can protect it more, it may be worth it. Fort Knox, Alcatraz, Papillion. Think of it this way- are they protected against the crazyneighborlady predator? One of the most vicious and dangerous predators in the world!

 

[Bulldogma]

Kallan -
Once this is over and sorted out, I'll give you another SFH rooster! I'm going to guess you got your kiddo from either me or my friend Karen at a Roanoke swap? If that was the case, your boy was from my flock. He looks like my boy, Mace. I'm living in Wytheville now, but my folks live on SML so we'll be out to visit.

I'm so sorry you're having to deal with nut cases like these! Regardless of where you got your original roo, we'll be sure you get another when you are ready for one. Make note of who I am and please do contact me when the time is right!

 

[ChaoSS]

Virginia, right? Have you tried giving these folks a call?

http://www.vapesticidesafety.com/complaints.shtml