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Re: OT- Info from John T in perticular


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Posted by John T Country Lawyer on November 29, 2009 at 06:24:57 from (66.244.97.31):

In Reply to: OT- Info from John T in perticular posted by JoeBob/IN on November 28, 2009 at 19:16:14:

Joe Bob, Sure Im glad to offer some "legal advice" but things like this require legal research and detailed "facts" before arriving at a competent legal opinion, which even if done right is still ONLY AN ATTORNEYS OPINION. These things simply CAN NOT be answered professionally over the net based on a few paragraphs in the question or the answer...So seek local counsel and DO NOT hang your hat too much on anything posted here regardless if from a lay person or an attorney THESE THINGS JUST CANT BE RESOLVED OVER THE INTERNET.

1) As it sounds like youre already aware, that whole dog and rabbit issue isnt going anywhere especially that would be worth hiring an attorney to pursue. However if someone commits battery upon your person, especially if using an automobile, they may well be guilty of a crime. Around here you go to the prosecutors office and file an affidavit of complaint and then the prosecutors office does a preliminary investigation and may or may not perfer charges.. THE PROBLEM IS THERES NO WAY YOU CAN FORCE THEM TO DO THAT. About all you can do is call and complain and be persistent as the old saying goes "the squeaky wheel gets the grease"

2) The building issue: It sounds like you have a better chance of getting civil relief here.

BORDER DISPUTES The FIRST thing you have to do is establish a legally recognized boundary NOT a surveyors opinion or where you or the neighbor says the boundary is...Surveys ARE ONLY PROFESSIONAL EXPERT OPINIONS just like Attorneys can offer expert professional legal opinions IT TAKES A COURT TO RESOLVE MOST ISSUES

a) Since it sounds like theres a border dispute, one method (again ask a local attorney how they would handle it, NOT me or the internet) of resolution thats not overly expensive is to hire a licensed surveyor to conduct a legal survey pursuant to Indiana Code 36-2-12-10.

ONCE AND AFTER THE BOUNDARY IS LEGALLY ESTABLISHED then Id FIRST try the free methods of resolution which the county building inspectors or zoning or enforcement types of offices handle such as set backs and building permits TO SEE IF THEY CAN GET THE BUILDING REMOVED...

HOWEVER IF NOT AND THE LEGAL SURVEY DETERMIENS THE BUILDING IS ON YOUR LAND then you can take the neighbor to court and you will likely prevail (still as always subject to certain conditions) IF indeed he built on your property.

DO NOT just sit there and let that condition go on otherwise you could eventually end up loosing any action to force its removal based on the legal doctrine of "adverse posession"

Sooooooooo file a complaint and continue to lean on and bug the prosecutor about battery with an automobile ..........If the zoning and building enforcement offices do you no good then inquire with a local licensed surveyor about a "legal survey" .............If the legal survey establishes the buildsing is on your land again try to get free help as just noted but if that does not work take the neighbor to Court DO NOT LET IT GO ON as is (adverse posession)

NO WARRANTY ON ANY OF THIS its just a quick n dirty OPINION not researched sooooooooooo do your homework,,,,,consult local counsel and surveyors,,,,,,,,,take advanatage of the free (yeah right our tax dollars paid for it) services from the prosecutor or building/zoning people.

Best wishes

John T BSEE,JD Attorney at Law and retired Electrical Engineer


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