Dear Newsweek, I have neighbors who were new six-and-a-half years ago. From the very first day they were here, they began harassing me and trying to run me off of my property. I am 58 years old, disabled, and on a fixed income.
After three years of continuous harassment, including directing a high-intensity spotlight into my home for 584 days and nights, I was forced to file a lawsuit, pro se. After Covid and all the usual delays, we were to have a trial in October of 2022.
I was on my own against four grown bullies with good jobs and their attorney, so we settled before the trial and they paid me $2,000. They are not supposed to harass me anymore, but in the meantime, they installed two flag poles next to the property line and the flag clips make a harsh, annoying metal-on-metal banging noise.
It doesn't affect the neighbors because they are only here on the weekends. I have to listen to it all day long and cannot go in my yard at all without hearing it. I can even hear it in my house. It's absolutely ridiculous.
The most amazing thing about this is that the two couples, the harassers, who own the property have very good jobs. One woman works for a children's hospital as a database manager and her husband is a civilian employee at a U.S. Army arsenal. The second couple consists of an advanced-practice registered nurse, and her husband is a business owner.
I would love to know what I am supposed to do about this. They have no intention of letting me live in peace.
Sincerely,
Jackie, Arkansas
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'Sometimes, It Is Up to Us to Rectify a Situation'
Sabrina Shaheen Cronin is the founder and managing partner of The Cronin Law Firm, based in Bloomfield Hills, Michigan.
Unfortunately, neighbor disputes are all too common. I have represented many clients over the years with similar stories, many even worse scenarios and some even rising to criminal behavior and penalties. These cases seem to have been on the rise with the pandemic promulgating more aggressive behavior, people staying home more, and in general, people being less respectful and showing less consideration for one another.
It is a shame that in the above story, simple communication did not take place prior to anything serious ensuing. The long-term ill effects could have potentially been thwarted. It is unknown what the harassing behavior was at the onset.
Unfortunately, sometimes someone perceives something as harassment and the other person doesn't even realize they are doing anything wrong. Once the "victim" then tries to do something about it, the alleged "perpetrator" is angry and then continues to be cruel, only perpetuating the negative cycle further and further.
In the question above, did you ask the neighbor whether they could move the spotlight? Did you try to plant something in your yard to diffuse the light? Sometimes, it is up to us to rectify a situation if it is in our control. If something isn't in our control, we must try our best to let it go.
In some states, spotlights and video cameras are not allowed to be in the direction of the other person's home because it is perceived as invading one's privacy. If proven, it could be considered a nuisance or harassment; or may even rise to a criminal level. If your neighbors have parties, and crowds, noise or parking issues become a problem, the police may eventually get involved. If you live in a neighborhood that has an association, sometimes they become involved and assist the "oppressed" neighbor.
Concerning the flag poles, there may be a local ordinance, zoning, or association rule that disallows something of this sort on or near the property line. Usually, there are certain setback requirements and without a special variance or waiver, the neighbor may not be allowed to install flagpoles on or near the property line. My suggestion would be to look into this.
If there is no such rule or law, then perhaps ask the neighbors politely to take down the flags when they aren't home. You could also try to put up a wind chime yourself or something else to overcome the noise. If you want complete peace, you can move, but anytime you are surrounded by neighbors, you will always be exposed to something you may not like.
Being kind and courteous goes a long way. When they first moved in, did you try to welcome them? It is never too late to be thoughtful or even extend an olive branch (which doesn't mean you are weak). Perhaps your best approach would be to try being neighborly. After all, isn't this what you're hoping your neighbors will be?
Document Any Incidents of Harassment
Andrew Zashin is an adjunct professor at the School of Law, Case Western Reserve University, and a managing partner at the Zashin & Rich law firm.
Dear Jackie, I am sorry to hear about your situation. It is unfortunate that you have had to endure such persistent harassment from your neighbors, and I understand how frustrated you must be with the ongoing noise from their flag poles. There are, however, a few things that you can do to address the situation and hopefully find some relief.
First, review the terms of the settlement agreement that you reached with your neighbors in court. If the agreement specifically prohibits them from engaging in any further harassment or disruptive behavior, you may be able to take legal action if they continue to cause problems.
Consider consulting with an attorney to discuss your options and determine if there are any legal avenues available to you. While this may end up being costly, it may be worth it if it brings you peace of mind.
Second, you should try speaking with your neighbors directly, or through an intermediary, and politely express your concerns about the noise from the flag poles. They may not know how disruptive it is for you, and they may be willing to make changes to reduce the noise or relocate the flag poles, especially if they are at risk of violating the agreement that you reached in court. From duct tape to foam or rubber-covered flag clips, there appears to be many cost-effective, noise-reducing solutions for loud flag clips. They may be willing to purchase the same if it means not having to go back to court.
Next, you could consider mediation with your neighbors. A neutral third party can help facilitate a conversation to address the issue and find a solution that works for both parties.
If speaking with your neighbors directly or through a third party does not resolve the issue, you may need to consider taking more drastic action. This could include filing a complaint with your local government or homeowners association, or even seeking a restraining order in court if you continue to feel threatened or unsafe.
In any case, it is important to document any incidents of harassment or disruptive behavior from your neighbors and keep track of any communication or attempts at resolution.
Keep a record of the times and duration of the noise from the flag poles, as well as any other incidents that occur. You could also consider recording the noise with your phone, or another recording device, to use as evidence. This can help strengthen your case if legal action becomes necessary.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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