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Should I sue my neighbor over a pool barrier violation?
Anonymous9 views2 answers
My neighbor illegally built permanent structures on our shared wall. These structures violate the pool barrier code of 60". There is a planter box, a water feature and concrete seating extending 80 feet along the wall. The city has been no help in enforcing this violation. They are adamant about keeping these structures, even though they have a 4 year old and a 7 year old. To make matters worse, they retaliated on us calling the city for small issues. They now have a surveillance camera directed on our back yard. They will not speak to us. We have called, texted and tried in person to talk to them. I feel they are harassing us for calling the city on them. I was told to file a restraining order for the camera. should i just sue them for these issues?
Your neighbor has a right to video record any areas visible from the common or public area. If you think he is recording private areas (I don't know how your lot is structured and how your backyard can be viewed), then the best bet is to have a local attorney send him a legal letter, and that might get his attention. You should also have the attorney send a legal letter to this neighbor about the encroachments as well. Get a copy of your title policy which shows the parameters of your property, as well as the certified property documents (which show the legal description of the property and its boundaries). Take these documents to the attorney to review. It will save you time and money to do this leg work yourself. That attorney can advise you on a lawsuit if the legal letters do not work. If your title is challenged to the part where the neighbor is encroaching, or your neighbor sues you, tender it to your title insurance carrier, and if there is coverage, they will defend your title at their expense. You could also sue the neighbor in small claims court if you don't want to use the attorney for the lawsuit part (but try the legal letter first). Calls and statements to law enforcement and all government boards, offices and agencies are protected from civil prosecution, so you will not have a cause of action to sue him for harassment or anything else based on those calls/reports/statements.
Is the pool in question on your side of the wall, or your neighbors? If it is your pool, then you are not in violation of the code, since you have a compliant barrier. If it is their pool, then I don't think there is any violation. The purpose of a pool barrier is to keep people who don't belong there and unattended children away from the pool. I don't think that you would be successful in suing to force your neighbor to remove the bench, planter or water feature. That would normally be the job of the city. If the city does not see it as violation, then perhaps it is not.
As for what you perceive as their harassing you now, I suspect that they believe that what you did by reporting them was also harassment. Instead of threatening lawsuits, try to mend the fences (no pun intended). Take them a batch of cookies or invite them over for a swim and BBQ and try and work something out.
