Neighbor taking liberties with my property

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Neighbor taking liberties with my property

Patrick Owens
Rental Property Investor · Charleston, SC · Member since 2018 · 29 posts · 13 votes

This actually happened to my primary residence...

My neighbor recently enclosed his back yard with a standard 6' wooden fence. He added gates to each side of the house (nothing atypical here). Then he added a gate that can only be opened from his side that leads into my back yard. It appears from the traffic that this so his kids can cut through to the cove behind us.

Just for reference, he has broken several HOA covenants, but the HOA has proven to be toothless. But that's another story.

Has anyone had similar experiences or know of a remedy? I am planning to seal his gate off on my side with a second fence if there are no answers.

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David Clay
Real Estate Investor · Chattahoochee, FL · Member since 2014 · 133 posts · 107 votes
6y

Just out of curiosity, have you considered asking your neighbor to have his kids take a different route? Maybe that would be helpful and explain why you're asking (trying to get the grass to grow, I like to know who's on my property and don't want to mistake them for strangers, etc.). Honestly, unless there is significant damage maybe you can just let it go. They're kids and kids run around everywhere and on everybody's property. I know, I know you have rights and I can respect that. I just wonder if it is that big of a deal in the big scheme of things for your life. If not, maybe just let it go. The kids probably think you're really cool for not being bothered when they go through your yard. Should shrug. Is it really worth a fight with your neighbor? Did it bother you when there was no fence? Just something to consider. Good luck. 

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  • Patrick Owens
    OP
    Rental Property Investor · Charleston, SC · Member since 2018 · 29 posts · 13 votes
    6y

    @Colleen F.

    Yes. It's a whole neighborhood of zero lot line houses. If he places a gate anywhere else on his property, it will go into so.eone else's back yard. The reason he chose my yard is because I do not have a completely enclosed back yard yet and the neighbor behind me does not either. So, the kids can go through my back, the neighbor behind mine's back yard, beside her house and into the cove via her front yard.

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    6y

    Get one of those plastic fish ponds and place it right in front of the gate on your yard . Tell the neighbor you are raising Pirinah fish 

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  • Account Closed
    Rental Property Investor · Brooke Park Drive · Member since 2018 · 1k+ posts · 2k+ votes
    6y

    First world problems. Did you also run out of kale for your smoothies?

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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    I wouldn't worry about the liability of the thing. Anyone can sue for anything but no jury is going to be sympathetic to a property owner that specifically installed a gate so their kids could trespass on someone else's property. It really just comes down to whether or not you want/care if they cut through. If you do, put up a fence on the line. If you don't, ignore it. 

    With a rental, if it were my property, I would put up a fence to block it. Not because I care about the kids but because the renters might care. Good fences make good neighbors. If you fence everything who can complain? You wanted to fence your property. Maybe the kids can do like @Scott Mac above and hold their breath and stay on their property to cut around - it's not really your problem. 

    Personally, I like fencing my rentals. It makes for a good community all the way around. It keeps my renters and their kids and pets in my yard, and the neighbors in their yard. And I usually get a premium for my houses with fenced yards, so it doesn't cost me anything. 

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    So the kids go through two other peoples yards to get to the cove? That doesn't seem respectful. I would ask him first in a friendly fashion to remove the gate as there is no reasonable reason for a gate into your yard. If he doesn't remove it you have to decide how far you are going to take it.  Pricker bushes are also a low cost deterrent.  Raspberries, holly, Burberry.

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  • Kirk R.
    Peoria, IL · Member since 2013 · 967 posts · 383 votes
    6y
    Originally posted by @Don Konipol:

    @Patrick Owens,  I would worry about the liability.  I would contact the neighbor and explain the liability problem.  If he doesn't care, then just fence a area on your side that overlaps the gate by 1 foot on each side.  This will negate the exit.  Often, unsophisticated homeowners do not really realize the implications of what they're doing.  

    I had a situation years ago with a swimming pool in my yard.  The neighbor came over asking if his kids could use the pool.  While I was tempted to say no, because I was truly concerned with potential liability, I decided that I didn't like the world we lived in where insurance liability forced me to say no to kids.  So I (1) had the parents sign a waiver of responsibility (2) upped my liability coverage from $1 million to $3 million and have them sign an understanding that their kids may only use my pool when my wife or I were at home, and informed.  All worked well.  Three weeks later my wife and I went on vacation for 10 days.  We informed the neighbors that their kids wouldn't be allowed to use the pool during our absence.  We locked the gate so they couldn't enter the backyard.  When we got back from vacation we watched the security camera footage and discovered that the kids climbed the fence WITH THEIR PARENTS HELP everyday and used the pool!  Some people just have no respect for others property rights.  And get this, when I confronted the neighbors about it, the husband bows his head and sleeks away; the wife tells me that since there was a big rain that washed debris from my yard to hers, and I was not there to clean it up, she didn't feel obligated to honor our agreement!  You can't make this up!

     after the confrontation, what happened? were the kids banned from swimming? 

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  • Account Closed
    Member since 2019 · 1k+ posts · 1k+ votes
    6y

    @Patrick Owens

    Screw the gate shut. You’re not building rockets, if you’re not gonna talk to the guy spend 3 minutes and $.30 and keep the kids out of your yard.

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