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Crossing the neighbors' yards

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paul729

Junior Member
What is the name of your state? NJ

My townhouse is attached on both sides, one of four homes in the unit. A fence encloses the four backyards, with gates on the end properties. The only way to go from my backyard to the street (other than walking through my house) is across my neighbors' yards and through the gate. We all bought the fence together a few years ago, with each homeowner paying for the portion on their respective property.

My garbage can is in the backyard and I take it out to the street once a week (also my recycling bucket for cans and bottles, once every two weeks). I cross my neighbors' yards and go through the gate. Up to now this hasn't been a problem. But recently the gate was damaged by a windstorm. My neighbor insists that the damage was my fault -- that I must have left the gate open and that allowed it to swing back and forth in the wind and get damaged (not really relevant to the matter, but I am always careful to leave the gate closed and I think it more likely that the closed gate provided more resistance to the wind and therefore was more susceptible to damage). I offered to pay toward the repair -- even before I knew she was blaming me -- as a neighborly gesture. My neighbor didn’t take me up on the offer and paid for the repair but now doesn't want me crossing her property.

Don't I have the right to cross her property in the way and for the reasons I've described?What is the name of your state?
 


BelizeBreeze

Senior Member
paul729 said:
Don't I have the right to cross her property in the way and for the reasons I've described?What is the name of your state?
In what shape or form of intelligent thought would you even consider that you have the right to tresspass on another's property.

If you don't like to carry your trash through the home then either put it in the garage, carport or elsewhere.
 

BL

Senior Member
Ohhh Geesh , I just read the other day ( I think on cnn.com ) a 60 something year old man shot the next door neighbors 15 yr. old for crossing on his meticulously kept lawn . His reason , I'm sick and tired of the neighbors .

Please , do NOT trespass .. Today world is full of off the walls ..
 

BelizeBreeze

Senior Member
Blonde Lebinese said:
Ohhh Geesh , I just read the other day ( I think on cnn.com ) a 60 something year old man shot the next door neighbors 15 yr. old for crossing on his meticulously kept lawn . His reason , I'm sick and tired of the neighbors .

Please , do NOT trespass .. Today world is full of off the walls ..
Yep, you sure did. He was sitting on his porch with a shotgun and the kid cross the lawn one time too many so the old geezer shot him and then called 911.

Dispatcher: "Where is the victim now sir"
Shooter: "Laying on the lawn"
DIspatcher: "and do you know who shot him?"
SHooter: "I did. These kids keep coming into my yard and I'm tired of it so today I shot one of them."
 

BL

Senior Member
OLD FARTS :


A farmer went out one day and bought a brand new stud rooster for his chicken coop. The new rooster struts over to the old rooster and says, "OK old fart, time for you to retire."

The old rooster replies, "Come on, surely you cannot handle ALL of these chickens. Look what it has done to me. Can't you just let me have the two old hens over in the corner?"

The young rooster says, "Beat it: You are washed up and I am taking over."

The old rooster says, "I tell you what, young stud. I will race you around the farmhouse. Whoever wins gets the exclusive domain over the entire chicken coop." The young rooster laughs.

"You know you don't stand a chance, old man. So, just to be fair, I will give you a head start."

The old rooster takes off running. About 15 seconds later the young rooster takes off running after him. They round the front porch of the farmhouse and the young rooster has closed the gap. He is only about 5 feet behind the old rooster and gaining fast. The farmer, meanwhile, is sitting in his usual spot on the front porch when he sees the roosters running by. He grabs his shotgun and - BOOM - he blows the young rooster to bits. The farmer sadly shakes his head and says, "Darn.....third gay rooster I bought this month."

Moral of this story..... Don't mess with the OLD FARTS - age, skill, and treachery will always overcome youth and arrogance!
 

weenor

Senior Member
Blonde Lebinese said:
OLD FARTS :


A farmer went out one day and bought a brand new stud rooster for his chicken coop. The new rooster struts over to the old rooster and says, "OK old fart, time for you to retire."

The old rooster replies, "Come on, surely you cannot handle ALL of these chickens. Look what it has done to me. Can't you just let me have the two old hens over in the corner?"

The young rooster says, "Beat it: You are washed up and I am taking over."

The old rooster says, "I tell you what, young stud. I will race you around the farmhouse. Whoever wins gets the exclusive domain over the entire chicken coop." The young rooster laughs.

"You know you don't stand a chance, old man. So, just to be fair, I will give you a head start."

The old rooster takes off running. About 15 seconds later the young rooster takes off running after him. They round the front porch of the farmhouse and the young rooster has closed the gap. He is only about 5 feet behind the old rooster and gaining fast. The farmer, meanwhile, is sitting in his usual spot on the front porch when he sees the roosters running by. He grabs his shotgun and - BOOM - he blows the young rooster to bits. The farmer sadly shakes his head and says, "Darn.....third gay rooster I bought this month."

Moral of this story..... Don't mess with the OLD FARTS - age, skill, and treachery will always overcome youth and arrogance!

LMAO!!!!:D :D :D :D :D
 

paul729

Junior Member
Why did I bother?

BelizeBreeze said:
In what shape or form of intelligent thought would you even consider that you have the right to tresspass on another's property.

If you don't like to carry your trash through the home then either put it in the garage, carport or elsewhere.
I believe the legal term is 'easement', not trespass. I believe I have a right to cross my neighbor's property if it is the only way to access the public street. And I have to grant my neighbors the same if they need to cross my yard for that purpose.

But I appreciate the reply, even if I don't agree with it. And it is wise to be careful with an angry neighbor. But for those who contributed to the 'old farts' thread with stupid jokes and useless comments: I really thought I'd be getting intelligent responses from people who had this kind of situation and could provide some further info and insight on the subject. Please don't waste my time with this idiocy.
 

justalayman

Senior Member
paul729 said:
I believe the legal term is 'easement', not trespass. I believe I have a right to cross my neighbor's property if it is the only way to access the public street. And I have to grant my neighbors the same if they need to cross my yard for that purpose.

But I appreciate the reply, even if I don't agree with it. And it is wise to be careful with an angry neighbor. But for those who contributed to the 'old farts' thread with stupid jokes and useless comments: I really thought I'd be getting intelligent responses from people who had this kind of situation and could provide some further info and insight on the subject. Please don't waste my time with this idiocy.
Many folks give FREE advice here. The fact they have some fun doing so does not diminish the value of their advice. There are several attorneys that do give this advice of their own free will (they aren't collecting their normal $/hour doing it here) just because you asked for an answer. As a matter of fact the very first response you got was from an attorney. His advice was worth every penny (and much more) than you paid for it.

But back to your question. If you feel you have the right to an easement, go to court and sue your neighbor. Depending on the length of time you have been crossing the neighbors property there may be a claim of prescriptive easement. (generally takes many years of use to make claim) If you have any other method of not crossing you neighbors land to deal with your trash, you have very little chance of success in any other easement situation.

You, nor the neighbors, have to grant an easement unless a court required it. Anything before that would be trespassing (as BB stated) and subsequently illegal.

In your statement:

I believe I have a right to cross my neighbor's property if it is the only way to access the public street.
The question that I see is; where do you park and how do you get to your home after you park? Do you have to cross the neighbors property to do this? You see there are many places where a property owner is landlocked in regards to the backyard and it is generally a "too bad" situation that nothing can be done about. You're more than welcome to contribute to the court systems income and attempt to do something about it but you have been given the advice you sought here.
 

BL

Senior Member
paul729 said:
I believe the legal term is 'easement', not trespass. I believe I have a right to cross my neighbor's property if it is the only way to access the public street. And I have to grant my neighbors the same if they need to cross my yard for that purpose.

But I appreciate the reply, even if I don't agree with it. And it is wise to be careful with an angry neighbor. But for those who contributed to the 'old farts' thread with stupid jokes and useless comments: I really thought I'd be getting intelligent responses from people who had this kind of situation and could provide some further info and insight on the subject. Please don't waste my time with this idiocy.
No sense of Humor ???
 

paul729

Junior Member
Problem solved

New neighbor (recently purchased the end unit on the other side) was agreeable when I asked if I could take my trash out through her gate.

Other neighbor mentally relegated to category of 'less than neighborly, less than human' in my world view.

Sense of humor? Actually very good -- when there's something to laugh at.
 

junoplanner

Junior Member
situation defined?

I assume that because you use the words "townhome" and "attached" that your home is a single-family residence on a lot of record, not a dwelling unit in a PUD or condo development. Either way, you should (and may have already) check(ed) the recorder's office for covenants, restrictions, easements, etc. that may relate to access to your lot over your neighbor's lots.

If it's a condo development, or a PUD with common spaces, no easement may be required, as you may have as much right to any particular part of the yard as any of your neighbors. If it's a residence on its own lot (which it sounds like it is), you're going to need an easement in order to have any legal right to cross your neighbor's property. If you are on good terms with a neighbor on one side, you might want to lock in your ability to cross their property by getting an easement for the exclusive use of your property--thus cutting the "less than neighborly" neighbor out of the picture. You will likely have to pay for the drafting of the easement, as well as the recording fee (not to mention whatever the neighbor wants to charge for the easement), but this cost will be small compared to the peace of mind of knowing that you have a legal right to cross that property with your garbage cans. Having an easement that runs with the land will also likely improve the resale value of your property.

As a city planner, I appreciate your mentioning this problem--I'll make sure to address it in my review of future townhome developments (I've got one on my desk to review tomorrow morning, so the timing is superb).
 

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