Need some legal opinions from you Tulsa lawyer types please.

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JRSherman

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I'm going to flesh this out in the fullest, start to finish, so it is going to be kind of long.

My wife and I bought our house here in North Tulsa last year. At the time, we knew the neighbor to our left wasn't great, but we played nice. He even gave me a 6' fiberglass ladder when I didn't have one.

I told them initially, as well as our other neighbors, that I would be putting in a 6' privacy fence, on the inside of the existing fence, so we could let our dogs run without worrying about one of them(a long legged lab type) climbing over. No one had any problems with it whatsoever, and it is actually still in progress.

Problem #1: I asked for, and was given, verbal permission to clear anything out of the chain link fence I needed to, plant wise. I know, I should have gotten written permission.

Fast forward a few months, and I just avoid talking to the guy 90% of the time. I don't like the way he treats his wife and animals, as well as his property. Apparently ignoring him was a crime.

One day in there, I was playing catch with my other neighbors kids, and they got a little rambunctious, so I grabbed the soccer balls and walked across the street.

While sitting across the street, talking to another neighbor, I see problem neighbor ranting and raving about how I had stolen his 5 year old's soccer balls. He goes on ranting to his "friend" about how I'm just shutting him out with the fence, and he's just going to paint a big mural on his side, which is on my property entirely.

I'll be called a lot of things, but not a thief. I go get and return his ladder, waiting patiently for him to come to the door and talk to me like a man, which he won't. Instead, he calls his 5 year old son out, asking him if he had kicked his soccer balls over my 6 foot fence. His son says yes, he won't talk to me any more, and goes inside.

Nobody ever talked to me before on this matter, so how am I supposed to know? So, trying to be the better person, I go to WalMart, buy 2 brand new soccer balls, and make sure his son gets them.

This guy seems to be bipolar anyhow, and he wants to apologize. I tell him that he can do whatever he wants, but I'm through dealing with him.

Fast forward until the last few days. There was a tree growing in the fence, and hanging on my side. My wife had already spoken to his wife, and again, we screwed up getting verbal permission only to clear it. Since it scrapes on my truck if I have to park there, I do.

Today, the Police are called by him complaining about me cutting the tree down. The officer that shows up explains to him that since the tree is in the fence line, and since it's a shared fence line, it's not a Police matter to start with, and that we should work together to clear the fence line out anyway, since it will end up destroying the fence, and in places, threaten the house.

The officer also explains how it is a Civil Matter, which is where my questions come in.

If the piece of trash living next to me decides to take this to Civil Court, how should I prepare myself? I have already been advised to take pictures of his property and mine, especially since he generally has a few violations, and mail them to the Tulsa County Commissioner and the Tulsa County Sheriff's Department. Is there anything else I can do?

I have half the street that will gladly provide character statements against him without even asking, if that helps portray the kind of person he is.

JB and others, I would sincerely appreciate any input into the matter. I don't want this to burn me, as short of moving, which would not be financially good for us, I feel like I've did everything in my ability to avoid conflict.. . .

Thanks guys!
 

JRSherman

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Also, just before the funny pages start, since I don't want this to be a funny, I started out playing catch with a foot ball with the neighbor kids, and they progressed to throwing soccer balls at me. . .
 

inactive

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Police is an easy call for him. Taking you to court won't be (for someone as imbalanced you describe). I would not sweat it.
 

Zombie

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document everything. If it goes to court for a civil issue you can have others provide sworn statements or show up to testify but most likely the judge will throw it out.

pictures may help, but the property information and solid evidence showing what is/was over the line may help as well.

You can avoid him and it may go away or get worse. But best to get him to sit down talk it over and hash it out like adults over coffee or a donut
 

JRSherman

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You could just line the fence line with claymores..

No... but sounds like a crappy deal. I would get that fence up quick, and just ignore his a$$.

Good luck, I think it will turn out ok.

Claymores. . .that's what my ex-Marine neighbor said he'd like to do lol.

That was part of the apparent grief I caused him, the fence. I started it in late spring, and got the part between us finished by the time temps got into the high 90's, and had to quit. Thus I was only doing it to fence him and his junkyard back yard out of sight. . .

I hope it will turn out ok for me at least. Thanks for the well wishes!
 

BadgeBunny

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I know others have said "document" but it sounds like you have never been in a position like this before so ... just in case ...

Go buy a spiral notebook. Make a notation as to date, time of day, who you had contact with, witnesses and substance of contact with said problem individuals ... good contact and bad contact ... same thing with police or contact with others that are related to the problems (neighbors, city employees, etc.)

Don't write anything else in this notebook ... it is dedicated to this one issue. If you wind up in court, don't try to pro se it ... I know it sucks but hire a lawyer ... sometimes a couple of well written letters will go a long way toward stopping the problem.

I have had an ongoing problem with a neighbor. I went to work, did a little legal research, wrote a letter and had the attorney I worked for sign it. Mailed it off by certified mail, return receipt requested. Next thing you know my "attorney" gets a letter stating my neighbor is now represented and any future correspondence should come through him. Said neighbor does NOT try to engage me anymore ... Problem solved.

I am pretty sure his attorney cost him more than my attorney cost me ... :sunbath:
 

Danny

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Since he is subject to the mood swings you mentioned, catch him in a good mood and get everything you want in writing then. Then don't worry about it.
 

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