Did a Neighbor Vandalize Your Fence? You Need to Prove These Three Elements
by Joyce Diaz
If a person mars, defaces, or physically damages your property, then he or she may be charged with vandalism. It looks simple enough; a neighbor defaces your fence, and you can have him or her charged with vandalism. As usual, however, the authorities will not just take your word for it. There are three elements of vandalism you will have to prove.
Physical Damage
First, you have to prove that there was actual physical damage to your fence. This is the easy part because the damage doesn't have to be extensive as long as it is visible. In fact, minor damages or defaces are the ones that are considered as acts of vandalism while serious damages may be labeled as destruction of property.
Therefore, if the neighbor places stickers on your fence, carves the posts, or plasters spray ink all over your fence, then you already have the threshold for physical damage.
Intention
Another thing you have to prove, and this isn't so easy, is that the neighbor intentionally damaged your fence. This is because accidental damages to property aren't considered as acts of vandalism.
Therefore, if your neighbor's lawnmower accidentally scratched your fence, then you can't charge him or her with vandalism. The same is true if his or her tree falls on your fence and breaks a few rails. He or she may be compelled to pay for the damages, but he or she will escape the criminal charge of vandalism. In short, you have to prove that your neighbor willfully damaged your fence.
Ownership
Lastly, you also have to prove that your neighbor did not own the fence that he or she vandalized. He or she may have to answer to your gated community's rules and regulations, but not to the criminal charge of vandalism.
As you can see, it can get complicated if the ownership of the fence is in dispute. In that case, you will need to prove that the fence is yours before you can expect a vandalism charge against your neighbor.
As you can see, many legal disputes aren't always so black and white. This is why you always need a lawyer like Medeiros & Associates to defend your position or help you prove that what you are saying is true. In the case of vandalism, it is even more important because your neighbor may continue with his or her acts if he or she evades the vandalism charges successfully.
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Hello. My name is Stephanie Laurel. I have recently been through a divorce, and although I don’t wish it on anyone, I do wish that everyone could come out of the proceedings feeling they have been taken care of. My husband and I had been married twenty-eight years. We have four children, two of which are still under eighteen years of age. We owned the home we lived in and had a vacation home in a different state. We are civilized people, we get along fairly well considering, but no matter how much we thought we could go through the divorce process without lawyers, it wasn't possible. We each hired a divorce attorney to represent us. Most of the negotiations went well, but when we hit a rough spot the attorneys took over. Thank goodness. I’m going to share more about the experience and hope it helps you.