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David E. Ross[_2_] · 02-08-2012, 10:45 PM posted to rec.gardens

On 8/2/12 12:54 PM, wrote:
David E. Ross wrote:
(...)

If you really own the property, the dumping you describe is most likely
illegal.

Well, you are right, there.

You need to identify the source accurately, taking photos or
even a video. Then file a police complaint, not only for dumping but
also for trespassing. You might also consider a civil lawsuit against
the dumper.

I don't understand.

If I give money to a lawyer, how would that limit the amount of
extra soil left on my property? I know very little about the
law, but I've never seen a lawyer knowingly use a shovel
in a moral and honest manner.

You do understand that the three individuals involved all know
where I live, yes? The police in my area are busy dealing with
murder, home invasions, arson, robbery (serious stuff).
As painful as this nuisance is, I'm not interested in being
the victim of a crime that the police would find noteworthy.

--Winston

Even if the police do nothing, you should still file a criminal
complaint. You need a copy of the complaint to sue those who are
dumping on your property.

You can sue in small claims court using the copy of the complaint as
part of the evidence. You can also hire an attorney and sue for an
amount greater than the small claims limit, not only for actual damages
(the cost of removing the dumped dirt) but also for your costs (the
attorney's fees), for punitive damages, and for exemplary damages.

No, I do not believe in suing at the drop of a hat. In my 70+ years, I
have been a plaintiff only once and been sued only once. However,
repeated offenses should be punished. If the police will not do
anything, a good, solid lawsuit is a great punishment against wrong-doers.

Also, having filed a complaint with the police and having good evidence
(e.g., photos, videos) might indeed prompt a criminal prosecution,
especially if you are not the only victim.

--
David E. Ross
Climate: California Mediterranean, see
http://www.rossde.com/garden/climate.html
Gardening diary at http://www.rossde.com/garden/diary