Submitted by Anonymous on Wed, 06/02/2010 - 17:00
Posted in
There are two separate units to our property that share a porch. Recently, a piece of furniture that was being stored on the porch caused an aesthetic dispute and was disposed of without permission while the owner was out of town. Is this action just unfriendly or is it actually illegal?
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Editor's Response
Well, I suppose your neighbor (or whoever disposed of the property) might be guilty of larceny. See Massachusetts General Laws, Chapter 266: Section 30:
Section 30. (1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the property stolen is a firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty, or, if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years; or, if the value of the property stolen, other than a firearm as so defined, does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars; or, if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both.
Unless you are talking about the greater of the two crimes outlined above (larceny of property with a value over $250), I doubt the police, the magistrate or the DA would be too excited about stepping into the middle of what appears to be a dispute between too neighbors. Nevertheless, the victim of the crime could swear out a complaint. The victim might also consider suing the neighbor in small claims court. Good luck.