I have a fence issue that recently came up with a neighbor. He came over one day and asked me to unlock my gate so he could dump wood chips/ leaves on my side of a common fence that has been in place since 1975. I looked at him like he had lost his mind. My yard is completely fenced in with three locked gates because we let our dog stay in the yard. He claims that when the previous owner of our house put the fence up in 1975 that it was installed twelve inches on his property and he now wants to put wood chips and leaves on this side of the fence when he cleans his yard. I told him that as much as I like to get along with my neighbors, I would not be leaving any gates unlocked for him. A couple of weeks later he climbed over the fence and dragged his mower over the fence to start mulching stuff in my yard. I went out and politely told him to get on his side of the fence and stay there. He could not comprehend that he had no business in my yard. We have had another conversation about the fence recently and I told him that if he persists with coming in my yard I would have a trespass order issued against him. I found out he is trying to sell his house and is telling potential buyers that the fence belongs to him. I don't want to fight with him, but I don't want any problems with potential new neighbors because of what he is telling people.
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Fence
- Thread starter MaconGuns
- Start date
Post some no trespassing signs.
You might want to see an attorney. My info is from california so it may not be valid here. But the requirements for adopting someone elses land were open and notorious, and paying the property taxes.
Pay the back taxes on that strip of land?
Did you not notice that your neighbor was building a fence in your yard? Or did you wake up one day and walk in your back yard and see the fence?
This was going to be my question.
OP, you said the post are a foot inside your property mounted on "your" post and he's ignoring your efforts for contact, in that case I'd take my booted foot, chainsaw, wire-cutters etc. and remove his fence panels, I'd then see how he responds. Sad, but sometimes you have to become a SOB when dealing with one. Doing it my way neither party will have the expense of filing suit which cost dollars, the local law enforcement will do that for you both......free of charge, [wink]. Disclaimer: I'm not an urbanite so this rural Red-Neck last-resort technique may not work for you. Good Luck !
Criminal trespass requires specific and individualized notice. Putting up such signs would not be sufficient for a criminal trespass prosecution.
At the time he put up the fence did you object? If you were aware he was doing it then would have seemed like a good time to say stop.
I quoted your post where you suggested that he put up "no trespassing" signs. Such signs are useless. They are not enforceable for criminal trespass, and they would be pointless for the adverse possession issue as they won't legally keep a person off of your property.
In order to prohibit someone's entry onto your property, you have to give them specific and individualized notice to not come onto the property.
