I haven't done anything yet. I have called the city office a few times but they have not answered yet.

I was going to put up caution tape on small posts but my wife is too scared of them to do that. We don't know if they are just creepy or actually dangerously unpredictable. She stays at home with the kids and doesn't want to have some big dude knocking on the door.

I did go over the other night to try to talk to the lady. She appeared to be the only one home by the vehicles there. I knocked several times but she did not answer.

 

1.Get a survey in hand.
2. Make sure your wife keeps the door closed when someone knocks.
3.Make sure your wife is armed and knows how to use said defensive weapon.

 

4. That ends in a 4 or a 5

 

Don't do anything until you have the survey. Also might be a good idea to read the by-laws and consult a few legal forums for your state so you know what the law is. And put up some cameras to catch them damaging your property and any dirty tricks.

Then go over there with a witness and calmly explain that there is some damage to your property caused by their vehicles and you want to give them a reasonable amount of time to repair the damage or you will have to hire a landscaper and sue them for damages. If the grass hasn't been repaired in 3 weeks time send a registered letter giving them 3 more weeks and then take them to court. And keep a timeline of everything and copies of all correspondence.

Be courteous, be civil, be calm. And stick to your basic message. Don't get into an argument or shouting match. I've dealt with many scumbags over the years and the best way to deal with them is like a parent or authority figure talks to a child. Nice to meet you, please fix the damage you've done to my property so we can stay on good terms, thank you.

 

Yes a survey would be a good idea for your own defense , on the side walk should be a property marking , nail and washer or stamped in kind of like water and sewer , maybe have your wife bake up some biscuits or a batch of Cookies to present your case , mildly walk her to the damaged yard to get her to see it, chances are she don't even go past the front door and probably don't even know she has a Garage lol

 

You should have a property pin at the front of your lot line and at the rear of your lot line. they are about 24 to 30" long and are set 4 to 6" deep. A metal detector will pick it up or a really strong magnet on a string will pull towards it when you get to within 2 or 3" above it. That's how I would end customer arguments as to where the fence line goes.

Had a worthless alky bum for a neighbor, was moved into the hood by a goof who lived 11 K's away in a new subdivision. Goof moved him in so that he could terrorize the stroke crippled 90lb widowed senior, "oh dont worry, we'll look after your father so good" they reassured his daughters. Muscle bound freak goof terrorized every senior, cripple and handicapped person on this street and the cul-de-sac behind us. Would get his junkie henchmen to vandalize our properties and vehicles between 2 and 3 am. They had the full backing of the badged terrorists who enjoy being little Napoleons. Made the mistake of F***ING with me when I had my stroke, every one of them has been run out of the hood and the badged terrorists dont 'patrol' our street anymore, crime rate is zero now. Goofs henchmen got their pudding and goof is going to be getting served his.

Be careful with how you handle your neighbors, freaks get real brave when everyone normal is asleep, which is also the best time to even scores on an eyeball to eyeball basis.

 

Surprised no one has mentioned the legal term "prescriptive easement" yet. That's what happens when someone openly uses your property for access, etc. and over time it becomes theirs legally.

Another poster mentioned not being able to construct within a certain distance from property lines. I think in our town it is 5 feet. I see this rule broken all the time, especially with owner-built sheds and detached garages. The ones in violation almost always didn't get the proper building permit first. That's something to use towards the end of the argument.

From the looks of the original photo, the OP has a fence in the back yard that's well off the property line. Now it might be just a privacy screen, but the neighbor might perceive that to be the property line. Get your survey done, build your fence/barrier, and make sure you have done any needed permits first. Don't build any higher fence than legally possible - it could be as low as 3 feet in the front yard. Take pictures of the survey markers the surveyor will put down, and add some spray paint to the grass for more permanent markings until the fence is up. That way the markers can't "get up and move at midnight."

 

There's always this......

 

Michael is thinking the way I would handle it ( BAM )

 

Ted did earlier, 2nd post.

Stewart

 

Prescriptive easement would only apply to the driveway and doesn't give neighbor the right to drive on the grass next to the driveway. I would get the surveyor to come take a look and then get legal advice.

 

No, it definitely applies here. If they drive on it long enough, tough *******.

 

actually that only applies if they pay taxes on it. if you are paying the property taxes on it, it is yours whether they use it for 2 days or 20 years.

 

Well I suppose. It complicates things though, prior to that. If someone is using property as a right of way they can obtain title to it eventually. The idea here is, don't let them get away with it, let them know right away what the deal is.

Official surveys cost bucks, money that could be spent on beer instead of keeping the mouth breathers at bay. How you gonna get them to pay taxes on it? The abstract title will have to be updated to cede them that slice. Who pays for that? Guess.

"Adverse possession is a method of acquiring title to real property by possession for a statutory period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period.[1][Note 1] It is governed by statute[2] concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession."

 

but how can they apply for title for property they do not own, and someone pays taxes on?

that would be like me walking into your town hall and saying i have been using half your property for the past 20 years and now want to own it.
i have no proof other than my word. you on the other hand have the paperwork saying you own the property because you have been paying taxes on it, and hold the deed to it.

i have seen this "grandfathered use" thing be tried many times in a few states, and every time it failed miserably.

the last one was a driveway access that had been in place for 75 years.
last year the land was sold and the new owner gave the person with the driveway 4 days to find another way into his yard.
the owner went to the town court, and then to the state court with paperwork showing the driveway access going back 75 years.
courts said no good, you do not own it and have never paid taxes on it, find another way in .
he had to dig a driveway into the hill in front of his house, and take out half the front yard to be able to see the road to get out because the hill was so steep.