Here's one for the books...my best friend Nancy lives north of Miami...she's in her 60's, is the sweetest lady in the world, would never hurt a fly and is so easy to get along with. She has a 2nd home in Mississippi (we became neighbors when I bought the house next door to her). I know what type of person she is and believe me she would never do anything to aggravate so much as an insect much less another person.

Her neighbor in Miami (I'll call her Burtha) has done the following to Nancy's property (a lot when Nancy's away at her other home in Mississippi).

1. Killed her grass
2. Ripped up her chain link fence (claiming it's on her property)
3. taken her lawn chairs and thrown them in the ally along with her garbage can.
4. Removed her hub caps.
5. Curses her when she sees her. (I can't even say what she's said because it's too profane.)
6. Called the city to complain that nancy's tree was drying and had to come down.
7. Called the city to complain that Nancy's storm shutters were still up and needed to come down (despite the fact that Nancy was two states away and could not take them down).

Nancy is trying to put a privacy fence up and everytime nancy runs a line along the property line, Burtha comes home from work and rips the line and the stakes up. Nancy says she's had the police out 5 times in the past 6 months and they're refusing to do anything and say it's a civil matter.

Burtha is claiming Nancy is on her property but according to Nancy's survey (and careful measuring), she's not on Burtha's property...Nancy even moved the stakes in half a foot but Burtha continues to rip everything up.

Nancy is having a new survey done and a building permit done and having contractor out to lay out where she's allowed to put her fence. If the city approves her plans then there should be no question, right?

Today Nancy walked her dogs and Burtha came out and started curing at Nancy. She said, 'there goes the whore with her dogs'. (She's called nancy much worse). Burtha went in and got her dogs to let them do their business in front of Nancy's house...it's on city property (near the curb) but the woman cursed and shot nancy the finger. nancy had her camera and when the lady volunteered to shoot Nancy the finger again, nancy took her picture.

I've suggested Nancy get a handheld recorder and record the outbursts so she'll have some kind of evidence of what is being said to her. Nancy says it's getting to where she cannot even walk outside or walk her dogs.

Nancy says the latest craziness stems from her neighbor demanding $100 so she could pay for a variance and store her boat on her property. She doesn't want to pull the boat in from the back and if nancy put her a privacy fence Burtha will be forced to use the ally. Nancy just wants to live in peace and have a quiet life but this woman is really make nancy's live hell.

Nancy's doesn't have enough money to hire a lawyer or someone to take up surveilence.

What, if anything, can she do? She's at her wits end and I am shocked that the police can't do more. They did file a police report on the last incident but said that Burtha says nancy is on her property and as long as she is then she's going to continue ripping out posts and strings.

Nancy says according to her survey there is no way she's on this woman's property.

Any words of wisdom here?

One more thing...this woman is baligerant to all the neighbors, not just Nancy...no one on the block is safe from this nut. Burtha works for a Federal Judge and I guess thinks she can do what she wants.

Get the media involved....camera, lights, action!

OK, tell Nancy to do a public records check (if possible) and find any 'dirt' on Burtha.

After Nancy has an official survey, she can file incident reports and if the police do not cooperate, she can and should contact the Inspector General listing the incidents, witnesses, results (or lack thereof) of local law enforcement. I wonder if she'd be willing to obtain/collect witness affidavits from other 'victim' neighbors. Below, please find Florida trespass law:

TRESPASSING / TRESPASS
810.08 Trespass in structure or conveyance.--

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

History.--s. 34, ch. 74-383; s. 22, ch. 75-298; s. 2, ch. 76-46; s. 1, ch. 77-132; s. 33, ch. 88-381; s. 185, ch. 91-224; s. 1233, ch. 97-102; s. 4, ch. 2000-369.

Dee, I'm sorry your dear friend has such a *itchy neighbor and hope she finds much needed peace.

WHen I hear about something like this is reeeeeeeeealy makes me grateful and thankful my neighbors are so nice.

Mustang Gal...I sent you a PM.

I'm with you JJ...I wonder if there's a reality show in this somewhere? Who's got the crappiest neighbor?

This woman sounds like a nut case!!!!

I'd still call the police because if she has the records to show the destruction is on her property, it isn't a civil case...it is criminal trespassing! I might be tempted to get a restraining order too and have her served with it just as a reminder to STAY AWAY. Most localities, you just have to walk into a police department to get a restraining order, no legal fees involved. If not that, just keep filing complaints cops. Just because she works for a federal judge, she's not immune and this isn't a federal level problem, it is a city or county level problem. Your friend shouldn't be afraid of someone simply because of the job they have...heck, for all we know that federal judge can't stand her either and doesn't have a way to get rid of her out of his staff

I would seek a quiet life..Not out of cowardice or fear but because life and each day is so precious .This would bother me too much.
"Shake the sand from my shoes"
Mountain ash

Dee, your friend has to continue documenting in detail every trespass and threats made on her property and person. Likewise, it would help to journal all calls made to the police and the outcome of those calls. In that way, IF and WHEN facts negate offences to property in terms of title and relative damage, the neighbour could still be held criminally liable for offences against your friend under common law assault IF and WHEN the neighbour intentionally or recklessly does an act which makes your friend fear immediate personal violence or suffer injury.

There should be some senior advocate service there she can go to, but she must have all her ducks in a row, proof positive. I would hire a private detective for a couple of days, its well worth the money and shouldn't cost her an arm and a leg. Maybe one or more of the neighbors would share the cost...

Good to see you, Lola. You have been missed.

In addition to all the suggestions above, Nancy might want to call together the neighbors to have a meeting. Eveyone should begin to document, take pictures, call the police, etc. The more documentation, the more calls to the police, the more likely she is to get something done by the police.

On the other hand, Mountain is always so wise. Maybe just sell and move.