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Intrusion in easement not adjacent to neighbor's yard

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xmattingly

Junior Member
What is the name of your state (only U.S. law)? Missouri

I have a question about the technicalities of a particular trespassing incident.

To give you the spatial scenario, I have neighbors immediately to the left and right of me on my street. Our backyards are all adjacent to a large church yard. I have a fenced-in yard, and my understanding is that the easement to the church yard extends a few feet inside my fence line, and a few feet outside of it.

My next door neighbor has taken to mowing the easement space directly behind my fence (not adjacent to his own yard).

A little extra back story: I've had this house for a few years. This neighbor has come into my yard at least a few times while I was away at work; to rake leaves away from my fence line adjacent to his yard, and that sort of thing. Within the past year I started working from home. So he no longer comes directly INTO my yard, but still does "yard work" in the easement behind my fence, adjacent to the church; I've photographed him doing this a few times. There is definitely a passive-aggressive vibe to his activities.

My question is, is this trespassing? And what actions can I take against him? I've been documenting, and I don't want to be that angry guy who pounds on his door and demand that he mind his own business. :mad: I'd prefer to know what the implications are before I take any action against him.

Thank you!
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Missouri

I have a question about the technicalities of a particular trespassing incident.

To give you the spatial scenario, I have neighbors immediately to the left and right of me on my street. Our backyards are all adjacent to a large church yard. I have a fenced-in yard, and my understanding is that the easement to the church yard extends a few feet inside my fence line, and a few feet outside of it.

My next door neighbor has taken to mowing the easement space directly behind my fence (not adjacent to his own yard).

A little extra back story: I've had this house for a few years. This neighbor has come into my yard at least a few times while I was away at work; to rake leaves away from my fence line adjacent to his yard, and that sort of thing. Within the past year I started working from home. So he no longer comes directly INTO my yard, but still does "yard work" in the easement behind my fence, adjacent to the church; I've photographed him doing this a few times. There is definitely a passive-aggressive vibe to his activities.

My question is, is this trespassing? And what actions can I take against him? I've been documenting, and I don't want to be that angry guy who pounds on his door and demand that he mind his own business. :mad: I'd prefer to know what the implications are before I take any action against him.

Thank you!
Might it be well that you tell us who owns this precious strip of ground upon which you claim your neighbor is committing vile acts of trespass that is causing you to work up such a head of steam?

And so what if you are the servient owner?

Regardless of the uses granted under the easement the Church certainly has the legal right to maintain the easement. Including, having someone (hired or voluntarily) pull the weeds, rake up the leaves and mow the grass! On both sides of your fence line! And probably the right to remove any obstructions, including your fence.
__________________

You obviously have some problems, but I don't think they are neighbor or easement related.
 

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