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Neighbor says "I have to" let him use my yard

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Seanscott

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

My next door hillbilly neighbor recently laid telephone poles in his backyard. He has made his yard into 3 levels - like huge stair steps with no pathways between the levels.
The problem is that his lowest level has his shed with his riding mower, snowmobile, etc. and the only way he can get them out is to ride through my yard
When I asked him about it he said "I have to" let him use my yard. I said I don't "have to" let him do anything.
He sees no reason why he should cut the telephone poles and make a little driveway between the levels. Can I just put up a fence across my property to keep him out? I'm sick of him using my property as his.
Thanks.
 


FlyingRon

Senior Member
Yep, I agree with you. Unless there's some easement already on record that allows him to use your property, there's no legal reason for you to do so. It's not likely he'll get any sort of one out of prior use or even necessity.

Your options are to keep him from using it *OR* give him permissive use. Either way will protect your rights.
Allowing him to continue hostile use, may be work against you (but it will take years).
 

Mass_Shyster

Senior Member
If, after telling the neighbor that, the neighbor continues to use the yard, is there a contract?
Do we really need to go there? ;)

I seem to recall a case about an oil well lease, or something similar, where the court found that the oil company accepted the contract by continuing to use the land after the notification. Based on my present (hazy) recollection, I'd say there would be a contract.

If I can come up with a citation, I'll post back.

-----------------------------------------------
Found the citation but haven't re-read the case
Russell v. Texas Co, 238 F.2d 636
 
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tranquility

Senior Member
While it was a joke, it is certainly possible there is a contract. We could attack it on a number of possibilities, but many courts would find there is a contract in this situation.
 

davidmcbeth3

Senior Member
Send the guy a notice of trespass informing him you don't want him on you land & that you will call the police and have him arrested for this activity.

Then, if you want, call the police if he goes on your land...you gave him notice & he violated it. The police should need nothing further.

Shame that neighbors can't work things out .... maybe a bush(es) on you land .. better than a fence.
 

FarmerJ

Senior Member
Sean does this property still have boundry markers buried ? It is worth considering having a survey done to make it crystal clear where lot the lot line is then once its done cut grounding rod used for elect services say into several lengths , pound in so later on a metal detector can be used to locate them if needed . About the fence if you put a fence in to have it just a couple inches into your side of the lot line so this way the fence is completely with in your lots boundry. BTW make sure to check with your city to learn if there are fence set back rules.
 
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