> I don't know if this is true only for my State of if this is a Federal
> law but video recording my neighbor would be legal for me,
> voice  recording would not (unless you can get his permission
> HAHA).  Would  want you to do some illegal recording that he
> can use against you in court.

Under the United States Constitution as amended you have the right to
confront your accuser unless it is the government.

So here's how the drill works:  You go to court and say "he cursed me."  The
person you accused has the right to say nothing or respond.  Should the
accused respond saying "no I didn't" then the recording becomes "probative."
The question of the truth of your statement was raised by the accused and
you have the right to introduce evidence of the truth of your statement.

As a rule, nearly all of these neighbor vs.. neighbor cases settle on the
courthouse steps.  The other rule is that they rarely settle in practice,
the hostility becomes more covert and often more deadly.

The reason is that monetary damages in a suit like this are rather unlikely
and about all the court will do is issue an order telling the neighbors not
to talk to or at each other.  Should one neighbor violate the order, the
other neighbor has to go back to court with evidence and ask for a contempt
of court citation -- very messy.

One thought.  In the United States most jurisdictions require that a seller
disclose any known defects to a prospective real estate purchaser.  If you
can gather any evidence that the neighbor's hostility contributed to the
previous occupant leaving you might be able to get your purchase and
relocation expenses covered by the seller and the real estate firm.

The real estate firm and the seller in turn will have a clear case for
monetary damages against the hostile neighbor for the cost of undoing the
sale and the relocation.  The net result is that the foul mouthed neighbor
could be forced out by the damage claim and legal fees.

Try taking the matter to more than one lawyer.  They typically don't charge
for a half hour meeting to find out what you are looking for.  Look for
someone who has done some poverty law because there one must learn how to
genuinely resolve disputes when both parties have nothing to lose and can
quickly go to extremes.

Another strategy is to hire a private investigator.  They know how to get
the information in a useful form.  One gal I know hired a camera person and
went from door to door interviewing people about the neighborhood and what
they liked or disliked about it.  After a day she came away with on-camera
(broadcast quality no less) admissions and even descriptions by other
neighbors of what was going on.  I think the tab was US$1,500 for the camera
rental and cameraman.  If I recall correctly, the gal charged US$375 for her
services.

A final strategy -- and difficult one -- is to go to your local Public
Health officials.  The foul mouthed neighbor may be having severe mental and
physical problems sufficient to trigger PHS (Public Health Service)
intervention.  Unfortunately, public funding for PHS, like education, has
been somewhat eclipsed by the war on individual rights, so you might be
better off going to Homeland Security to reflect on the terrorist potential
of the foul mouthed neighbor.

All this is not legal advice, it is just a reflection of personal experience
and untutored opinion -- YMMV.

Win Wiencke

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