AN ELDERLY couple said they were ‘forced’ to sue their neighbor after law enforcement failed to enforce their requests.
Neither the couple nor the defendant used an attorney and opted to represent themselves in court.
GettyA couple sued their neighbor for encroaching on their property[/caption] GettyThe jury ruled in favor of the couple, awarding them $360,000[/caption] Facebook / Town of Huntington MAThe couple lived in the town of Huntington, Massachusetts[/caption]David, 74, and Lori, 70, Baillargeon, sued their new neighbor, Matthew Lennon, 42, after claiming he encroached on their property and destroyed their trees.
The Baillargeons began litigation in 2021 when they claimed Lennon stored unwanted trailers on their property, started unwanted bonfires, and harassed them.
The couple said they repeatedly asked law enforcement to enforce a ‘no trespassing’ sign on their property, but they didn’t oblige, MassLive reported.
“We didn’t want a lawsuit. We were forced into it,” David said during court.
“This is the last place we wanted to be. Police would show up, he would argue it’s his land, not his, and they’d say, well, it’s a civil matter, you got to bring it to court. For that reason, you are all here.”
Lennon first moved on to the couple’s 86-acre property in 2018 after he purchased 9,789 square feet of the property for $15,500.
When the couple first tried to confront their new neighbor, Lennon allegedly told them: “I don’t want to talk to you, I know who you are. Get the eff away.”
The house can only be accessed by bumpy dirt roads owned by the Baillargeons.
“I want to be left alone. I bought a house 1.5 miles in the middle of the woods off a dirt road, in the forest, to live with me and my son so I could raise him,” Lennon told the court.
“I have never antagonized these people. They want you to believe a whole lot of curveballs that were thrown at me that were not true. I didn’t do any of this.”
In the lawsuit, the Baillargeons stated that the property was meant to be a “hunter’s cabin,” not a permanent residence.
The couple has been living in their home in Huntington, Massachusetts, since 1979.
The secluded property sits on rocky hills and dates back to the 1800s.
“We’ve always liked small-town living,” Lori said during the trial.
After the two-day trial, the jury voted in favor of the Baillargeons and awarded them triple the damages.
The couple walked away with a $360,451 payday.
Massachusettes trespassing law
In Massachusetts, the crime of trespassing involves legal penalties that include the potential of up to 30 days in jail, probation, restitution, fines, and fees, as well as other collateral consequences for a convicted defendant, such as the loss of certain licenses and employment.
In order to prove that the defendant is guilty of trespassing, the prosecutor must prove:
That the defendant entered or remained in a dwelling, house, building, boat, enclosed land or any other property; The defendant was forbidden to enter or to remain there by the person in lawful control of the premises, either directly or by means of a posted notice.“There are no winners or losers in civil cases,” Lori said.
“It’s difficult for everyone involved.”
Lennon has 30 days to appeal the trial’s outcome.
The couple is pushing for the state to make no trespassing rules stricter and protect property owners.
In Massachusettes, the maximum penalty for trespassing on private property is $100 and/or 30 days of imprisonment.
“This does not protect property owners,” David Baillargeon said.
The couple told Mass Live that they hope to live a semi-retired life following the long litigation.
“Hopefully, we won’t encounter any more issues,” Lori said.
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