Elderly neighbor took deco rocks from my property and claim the ownership

Residential Property 7 views 3 answers
There are some deco rocks on both sides of my drive way since we bought this property 13 years ago.. Recently, an elderly neighbor at her 80's took two rocks and left us a note claimed her ownership of these rocks. I contacted with HOA with nothing they could do, and suggested us to report to police. Police went to her try to find out reason and I haven' t been contacted yet. Then her power of attorney wrote a note to us and ask if she can replace other rocks instead. And the POA asked us if we can be friendly and don't mention about it if we see the elder lady since she is old with illness. What a weird thing is this! Because the rocks aren't small so we confirmed the ownership with previous owner an RE agent at the time we moved in. I need your legal advice to deal with the issue, thanks

Attorney Answers

3
Alan Shepard ·
It sounds like those were your rocks and the neighbor converted them. You may sue her in replevin claiming conversion. However, you really should consider the value of the rocks and whether it's worth upsetting an old ill lady. Try working the the neighbor's POA first.
0 upvotes
Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
I concur with Attorney Shepard. Try to resolve the issue without upsetting your neighbor by working through the POA agent. Peace in the neighborhood may be worth much more than the hassle of legal action, especially if the POA agent is willing to resolve the matter.
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Robert Marshall ·
Unfortunately, we're all getting older, and someday you and I are going to be the elderly neighbor next door who does weird stuff. Show a little compassion and accept the offer of replacement decorative rocks. In the long run, you'll come out way ahead. Let's say the police do charge your elderly neighbor with theft of the rocks. You can plan on spending time with investigators taking reports, then you would receive a subpoena to testify against her in court, which will easily take at least a day of your life. You might receive minimal witness fees that won't even pay for your gas to the courthouse. If she's convicted, you'd be entitled to restitution... but what are the rocks worth? Suing her would require even more of an investment in your time and money... which is probably worth more than the rocks, too. More than 300 years ago, the philosopher Voltaire said, "I was only ruined but twice; once when I lost a lawsuit and once when I won one." His point is even more true today than it was in his day: suing someone else places almost as much strain on your life as getting sued yourself.
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