Trespassing Basics

[CuckoosNest]

What is the name of your state? NY

Last fall, we finished construction on a vacation home after putting up with a huge amount of unsolicted grief from our immediate neighbors. Their attitude has been (and still is) that we built the house on their property and that they have the right to come onto our land to do whatever they please. This is compunded by the fact that access to our property is via a ROW that crosses their land.

Recently, while we haven't been around, they have been coming onto our property to dig up plantings and take rocks from a stone wall (located entirely on our property) that we built by hand. This weekend, we caught them red-handed with a wheelbarrow doing this. Upon seeing us, they ran to the other side of the property line and immediately claimed the items in the wheelbarrow were from their side of the line.

We've chronicled these events and have taken photos of the wheelbarrow tracks. Additionally, we will be posting "No Trespassing" signs and having a site survey done so that the boundaries are more clearly marked. Lastly, we're setting up a camera on a motion-sensor to photograph anyone entering our property by the main egress.

Are there any other steps you would recommend to discourage these cretins from trespassing further? Thanks very much!

 

[CALIFPROLAW]

What is the name of your state? NY

Last fall, we finished construction on a vacation home after putting up with a huge amount of unsolicted grief from our immediate neighbors. Their attitude has been (and still is) that we built the house on their property and that they have the right to come onto our land to do whatever they please. This is compunded by the fact that access to our property is via a ROW that crosses their land.

Recently, while we haven't been around, they have been coming onto our property to dig up plantings and take rocks from a stone wall (located entirely on our property) that we built by hand. This weekend, we caught them red-handed with a wheelbarrow doing this. Upon seeing us, they ran to the other side of the property line and immediately claimed the items in the wheelbarrow were from their side of the line.

We've chronicled these events and have taken photos of the wheelbarrow tracks. Additionally, we will be posting "No Trespassing" signs and having a site survey done so that the boundaries are more clearly marked. Lastly, we're setting up a camera on a motion-sensor to photograph anyone entering our property by the main egress.

Are there any other steps you would recommend to discourage these cretins from trespassing further? Thanks very much!

My response:

You said, "Additionally, we will be . . . having a site survey done so that the boundaries are more clearly marked."

Excuse me, but shouldn't you have completed a professional survey before constuction?

IAAL

 

[lwpat]

I would send them a letter, CRRR, to not enter your property. That puts them on record notice. Good fences make good neighbors. Try one with a lock on the gate.

 

[CALIFPROLAW]

I would send them a letter, CRRR, to not enter your property. That puts them on record notice. Good fences make good neighbors. Try one with a lock on the gate.

My response:

Our writer can't construct a fence, yet, for the reason stated above.

For all our writer knows, the neighbor may be correct, and the neighbor has every right to remove anything on their own property.

IAAL

 

[CuckoosNest]

Apologies if I was unclear about the site survey... there was definitely one done long before construction even began. But most the markers have disappeared one by one (we can only guess who was responsible for that), and the neighbors have since claimed to own a lot more property than they actually do. (In one instance, they had the digging for our septic system halted because they were convinced that dirt was being piled on their property... of course, it wasn't. The few pins still in place - not easily removed - proved that.)

As far as us being sure that they were taking things from our property, we are most definitely sure. They were spotted in the middle of our property, a good hundred feet from the nearest property line, clearly marked or not.

Sadly, I think a fence is our only recourse. One of the reasons that we've taken such abuse from these people is because they feel our new house is "destroying the aesthetic" of the area. (Ironically, on the other side of their house is a trailer, circa 1960, that's pretty much falling into the ground. But to them that's far more desirable than the modestly-sized new home next door.) A fence won't make the place more beautiful, but it may actually keep them off the property.

 

[pojo2]

Curious, when you inquire of them WHY they think the property is theirs what have they said?

 

[CuckoosNest]

Before I answer your question above, I should note that these neighbors are not dumb people. They are both well-educated Manhattanites and are not stupid. However, the wife, in particular, is an emotional mess. They know the property isn't theirs and where the property lines are, but it doesn't keep her from behaving otherwise. She's used the expression "we were here first" many times, as if it gives them the right to tell us what to do on our land. I think that we have to access the property by going across theirs adds to this.

Frankly, we've been trying very hard to be neighborly and/or ignore them as much as possible (even though they are far too interested in what goes on at our place.) But they've crossed the line - literally - by pilfering rocks and plants from our property. We've had enough and I want to take the high road and prepare ourselves, legally speaking.

 

[pojo2]

legally speaking.

Then get an Atty and have him/her prepare proper documents to see that they will face legal famifications if they come onto your property again.


File a police report complete with documentation detailing the theft of your property.

And get that survey to carry along with any complaints you do file.

Go to small claims court, completre with your documentation, and sue them for the theft of your property.