Neighbor parking on private property

[MY4SONS]

I live in California. My neighbor purchased their home one month before I purchased my home. My home is a corner lot and faces west, The neighbors home faces south. The neighbor parks her motor home and 2 cars in my backyard which occupies 17 x 90 ft of my property and refuses to move her vehicles off my property. The San Bernardino County sheriffs and Code Enforcement won't do anything to get her off my property and say it's a civil mater. The tow companies won't do a private property tow. This has been going on for several months. What can I do to get her vehicles off my property? Can I press charges for trespassing? Do the sheriffs have to cite her for trespassing if I state I want to press charges? I have the legal descriptions and assessors map of our properties which clearly state my neighbor is trespassing on my property. I don't understand why I have to file a civil suite in court to get her off my property which the sheriffs will have to enforce the court order anyway? I just want her off my property and would like to know who enforces this or what I can do outside of going to court

 

[adjusterjack]

Sorry, if nobody else will do anything, you have to go to court.

 

[LdiJ]

I live in California. My neighbor purchased their home one month before I purchased my home. My home is a corner lot and faces west, The neighbors home faces south. The neighbor parks her motor home and 2 cars in my backyard which occupies 17 x 90 ft of my property and refuses to move her vehicles off my property. The San Bernardino County sheriffs and Code Enforcement won't do anything to get her off my property and say it's a civil mater. The tow companies won't do a private property tow. This has been going on for several months. What can I do to get her vehicles off my property? Can I press charges for trespassing? Do the sheriffs have to cite her for trespassing if I state I want to press charges? I have the legal descriptions and assessors map of our properties which clearly state my neighbor is trespassing on my property. I don't understand why I have to file a civil suite in court to get her off my property which the sheriffs will have to enforce the court order anyway? I just want her off my property and would like to know who enforces this or what I can do outside of going to court

Does she claim that the property she is parking on is hers? Is that why nobody will do anything?

 

[zddoodah]

What can I do to get her vehicles off my property?

You answered your own question:

it's a civil mater.

File a lawsuit. You should have done that pretty much immediately after it happened and the neighbor refused to move her vehicles. Consider seeking a preliminary injunction (although your delay in suing may make that not possible). Then build a fence so this doesn't happen again.

Can I press charges for trespassing?

No. Trespassing is a crime and you told us that law enforcement won't take action. You can talk with the SB DA to see if the DA will press charges based on your complaint, and despite law enforcement's inaction, but that's not likely. By the way, you mentioned the SB Sheriff, so does that mean you're in unincorporated SB County? If you're in an incorporated city, then you should be calling the city police, not the county sheriff.

Do the sheriffs have to cite her for trespassing if I state I want to press charges?

No. You are, of course, free to complain all the way up the chain of command with law enforcement if you don't like how this is being handled

 

[not2cleverRed]

I'd be tempted to send her a demand letter that if she's not off your property in 30 days, you'll start charging rent. And state a reasonable but annoying fee.

But yes, in order to get her removed, you first have to get proof that she doesn't belong there. That would be a civil suit. Mind you, before it goes to court, she would have to be served notice. Sometimes being served notice is enough to scare people into complying. So start the process.

 

[Zigner]

By the way, you mentioned the SB Sheriff, so does that mean you're in unincorporated SB County? If you're in an incorporated city, then you should be calling the city police, not the county sheriff.

There are many incorporated cities that contract with their county's sheriff department for law enforcement services.

 

[STEPHAN]

Do you have a survey?

 

[zddoodah]

Does she claim that the property she is parking on is hers? Is that why nobody will do anything?

I didn't really address this in my prior response, but this is an important question as it relates to this inquiry:

I don't understand why I have to file a civil suite in court to get her off my property which the sheriffs will have to enforce the court order anyway?

If, in fact, your neighbor is denying she is parked on your property, then what do you expect law enforcement to do? You say it's your property, and your neighbor denies it. Why should law enforcement believe you over her? Even if you produce a plat map or survey, law enforcement isn't generally competent to interpret that. THAT is why you have to go to court (you file a civil SUIT, which is short for lawsuit, not a "suite").

 

[quincy]

If you are certain that the property that the neighbor is using as a parking lot belongs to you (backed up by a survey), post signs on your property that say “unauthorized vehicles will be fined and/or towed at owner’s expense.”

I find it hard to believe that there is no tow company in your area that will tow unauthorized vehicles from private property.