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  1. #1
    ziphash is offline Member
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    Keeping neighbors of our property

    What is the name of your state? Ohio

    I don't know if this post actually fits in this category, but here goes. We haven't even moved into our new home yet (we have a lot of remodeling to go) and are already having problems with our neighbors' kids. The girl is around 10 and the two boys are teenagers. As I've already posted, they have their dog pen on our property. They've also taken it upon themselves to take large bricks that were in our backyard and used them to make steps to go down the steep embankment in our backyard to get to their dogs. They've also taken the bricks & made a fire pit inside their dog cage. They even stole two antique chairs from our yard. I did go ask for them back & the one boy apologized & said he thought we were throwing them away. Last night, my wife found half a case of beer sitting up against the back of our house. We took the beer (didn't drink it) because we don't want anyone drinking on our property. I talked to the one boy today & asked him if he knew who was drinking there. He said it was probably his older brother because he usually goes down in the dog pen & drinks with his friends.

    My question is how do we keep these kids off our property? I know that sounds like a dumb question. We are putting up a 6' tall privacy fence around most of our backyard. However, because of the steep embankment down to the creek, we can't fence the entire backyard. This will leave the area where they've made their "steps" open. I don't think they're able to get down to their dogs without going through our yard. We don't want them falling down the hill & trying to sue us or starting a fire while they're drinking back there & burning the whole place down. What is the best way to go about keeping them off our property?

    By the way, we just found out that last year during homecoming, the brothers egged every car on the street & got off with just having to clean the cars.
    Last edited by ziphash; 04-07-2003 at 04:48 PM.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Keeping neighbors of our property

    Originally posted by ziphash
    What is the name of your state? Ohio

    I don't know if this post actually fits in this category, but here goes. We haven't even moved into our new home yet (we have a lot of remodeling to go) and are already having problems with our neighbors' kids. The girl is around 10 and the two boys are teenagers. As I've already posted, they have their dog pen on our property. They've also taken it upon themselves to take large bricks that were in our backyard and used them to make steps to go down the steep embankment in our backyard to get to their dogs. They've also taken the bricks & made a fire pit inside their dog cage. They even stole two antique chairs from our yard. I did go ask for them back & the one boy apologized & said he thought we were throwing them away. Last night, my wife found half a case of beer sitting up against the back of our house. We took the beer (didn't drink it) because we don't want anyone drinking on our property. I talked to the one boy today & asked him if he knew who was drinking there. He said it was probably his older brother because he usually goes down in the dog pen & drinks with his friends.

    My question is how do we keep these kids off our property? I know that sounds like a dumb question. We are putting up a 6' tall privacy fence around most of our backyard. However, because of the steep embankment down to the creek, we can't fence the entire backyard. This will leave the area where they've made their "steps" open. I don't think they're able to get down to their dogs without going through our yard. We don't want them falling down the hill & trying to sue us or starting a fire while they're drinking back there & burning the whole place down. What is the best way to go about keeping them off our property?

    By the way, we just found out that last year during homecoming, the brothers egged every car on the street & got off with just having to clean the cars.


    My response:

    If I didn't know you were White, I'd swear you moved into a Black Ghetto.

    But, it does sound like you've got your hands full with the "white trash."

    Why would you buy into this neighborhood? Didn't you do any research of the area, and your neighbors first?

    IAAL
  3. #3
    Souix is offline Senior Member
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    How about putting a fence accross where the steep embankment starts. True, it will block off some of your property, so just put a gate in so you can get down to the creek.
  4. #4
    ziphash is offline Member
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    The neighborhood's just a mile from where we live now. From what we knew, it's really nice and so are the people who live there (except, of course, our neighbors). My aunt lives across from our new house & never mentioned any problem with any neighbors. The kids' dad seems like a really nice buy, but he said his wife kicked him out. So I don't know if the kids have always been this way or if they're just getting away with a lot because their dad's not around. The house was empty for about 6 yrs. & no one ever bothered it (& there was a ton of stuff on the porch that no one every touched). Driving through, you'd never think there were any problems in the neighborhood.

    If we are able to get some kind of fence back there & they climb over it & get hurt, will we be responsible?
  5. #5
    Souix is offline Senior Member
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    Originally posted by ziphash
    The neighborhood's just a mile from where we live now. From what we knew, it's really nice and so are the people who live there (except, of course, our neighbors). My aunt lives across from our new house & never mentioned any problem with any neighbors. The kids' dad seems like a really nice buy, but he said his wife kicked him out. So I don't know if the kids have always been this way or if they're just getting away with a lot because their dad's not around. The house was empty for about 6 yrs. & no one ever bothered it (& there was a ton of stuff on the porch that no one every touched). Driving through, you'd never think there were any problems in the neighborhood.

    If we are able to get some kind of fence back there & they climb over it & get hurt, will we be responsible?

    Put your fence up. I don't think you will be held liable if they were climbing over your fence. You are too paranoid.
  6. #6
    HomeGuru is offline Senior Member
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    Writer, call the police.
  7. #7
    FarmerJ is offline Senior Member
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    Have you flat out contacted the parent (s) and told them the dog pen must be moved from your property ? Perhaps in writting giving them to chance to correct the problem them selfs ?
  8. #8
    HomeGuru is offline Senior Member
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    Writer, have you flat out contacted the police for theft, trespassing etc.
  9. #9
    ziphash is offline Member
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    Okay, I'm back again. The good news is the oldest boy is moving out of the house so I won't have to put up with him drinking in the backyard (hopefully). The bad news is the mother refuses to move the dog pen over as far as I say it should be.

    She agrees that the bushes that run between our houses are on the property line, but the bushes stop at the top of the embankment. So from there down, it's pretty much just drawing a straight line. Unfortunately, I think she's cross-eyed or something because what's obvious to everyone else (even the neighbor behind us) isn't obvious to her. Anyhow, she told me to go up about three houses & find the post that was marked the last time that person had their land surveyed. Then, she said measure each person's back yard til we get to our line. That sounds fine in theory. But, of course, the marker is missing. The neighbor that owns that land even helped my wife look for the marker but can't find it anywhere.

    I called a surveyor, and it will run between $525 and $625 to have it surveyed. Unfortunately, all my money's tied up in the house & I don't have any to pay for a surveyor.

    Is there any way to get around getting a surveyor? The lady has already acknowledged where the property line runs in the rest of the yard. According to the courthouse, the line is perfectly straight which means if she agrees with half the line she would have to agree with the rest of the line. If there is no other way than to have it surveyed, can I sue her for the cost of having it done when it proves what I already knew?
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
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    My response:

    Zippy, you say the dog pen is on your property and that you're able to follow a straight line. Well, if that's the case, bull doze the pen, and let her sue you. She's the one, as the plaintiff, who'll have to prove her burden - - and that burden of proof will entail her having to hire a surveyor! Thus, if you're correct, you'll get your survey as part of her evidence, and it won't cost you anything.

    Then, what if you're wrong?

    Well, then you report the damages to your own insurance company as a "Whoopsie" negligent act on your part, and your insurance company will pay her for the damages.

    Simple.

    Take the bull by the horns and assert yourself!

    IAAL
  11. #11
    ziphash is offline Member
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    Thank you, IAAL. I hope some day I'll be as smart as you! I guess with all the times I've been screwed in the family court system I'm a little wary of having to go to any court. I just never thought of it the way you put it. I didn't think I could just move her property, but that's exactly what I'll be doing.

    But before I do, I'll be taking pictures & videotaping it because the fence isn't even a regular fence. It's just pieces of different fences & pieces of tin that they've fastened together to make a fence. And if I was told wrong about where the lines are, I don't want her getting a ton of money out of my ins company for that piece of crap.

    Thanks again!
  12. #12
    I AM ALWAYS LIABLE is offline Senior Member
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    [QUOTE]Originally posted by ziphash


    "I hope some day I'll be as smart as you!"

    ====================================


    My response:

    Yes. And when you grow up, you want to be a fireman or a cowboy!

    Look, Zippy, I've seen you. I've heard you. You are a very smart man. A little misguided at times, but you're a smart man nonetheless.

    With your smarts, all you need to do is be "assertive" and stop taking crap from everyone you encounter. You know, being nice has it's place. Working out problems in a diplomatic manner can work. But, when push comes to shove, you have a tendency to "fold" in the face of adversity.

    When you're "right" do what's right. When you're wrong, then take responsibility for your actions and apologize. In this case, if you're wrong, then merely apologize and fix it.

    But, you and I both know you're right. So, take the ball and run with it goddamnit!

    Stop being a pushover!

    IAAL
  13. #13
    buzzards27 Guest
    Have you gone to the County Engineer's Office, County Recorder's Office and the County Map Room to review the survey's of your land and the neighbor's land. You might find that there is a notation "pin found" or "pin set" on one of them that would lead you to one of your markers (or a neighbor's marker) you could use. This research is about what a surveyor would do before he set up equipment. If a survey is required you have done some of his legwork already.

    You might be able to locate your corner pin yourself and verify the line. You might need do a little measuring and borrow a metal detector to find it.

    In an attempt avoid any liability you could send the neighbor a rrr asking them to stay off your property and to remove the dog and house. Post No Trespassing signs. By the sound of it you may have what is considered an attractive nuisance. In that case, it is up to you to prevent trespassers from using your land, you cannot be passive.
  14. #14
    ziphash is offline Member
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    Thanks for the advice, buzzards27. We have been to the courthouse. We got a map of the neighborhood and the exact dimensions. That's how we know that the property lines run straight back. The problem is, the house was built in the early 1950s. The people who built the home died in the home. So they had no reason to survey it after the initial purchase. We even spoke to a neighbor who had been there since before our house was built. He verified the fact that there are no surveyor pins left anywhere in any of our neighbor's yards. Everyone has just always gone by what the previous owner has said. He believed he had one pin left that would have helped us, but after searching for it for quite some time we were unable to find it.

    However, your advice to search with a metal detector is something I hadn't thought of (which is pretty bad on my part since I do own a metal detector.) I will try that this weekend. If I still don't find it, I'll certainly enjoy tearing down the neighbor's eyesore of a fence!
  15. #15
    brake pedal Guest

    before you tear that down...

    invest in a roll of film to show exactly where the pen was sitting.
    be sure to show some kind of reference points in the back bround.
    just incase the neighbor becomes irrate and pesses any kind of legal action.

    fenceing is an excellant idea,every property owner should have one around their property,people do not respect property lines any more they will run right over you,a fence keeps them honest.

    i've had 4 wheelers come barreling up an old road bed ,then barely get stopped before plowing into my fence.i have nieghbors whose land seems to have "expanded" on both side,but not against my fence in back.
    Last edited by brake pedal; 04-22-2003 at 08:50 PM.

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