Neighbor uses part of my property

[mountainman9]

I have a property that is located in front of a private lake inside a gated area. Mostly everyone there is nice and friendly, however someone bought the property next to mine and has been extremely rude towards me. I own an empty lot that is between my house and theirs with the property line about 6 feet from their house, as these new neighbors have been treating my property as if it was theirs. I have flowers and shrubs planted on my side of the property line and he continues to mow and use his trimmer over onto my property destroying my flowers. There was no fence or boundry marker there before except for a pin at the bottom of the property so I thought maybe he didn't understand where the property line is so I put stakes on the property line thinking that would solve the problem but instead he became angry at me and said he would continue to mow around the stakes. The property line being not clearly marked hadn't been an issue before since all of my previous neighbors had been friends and respected my property. They also recently constructed a tool shed that is on their side however they can't open the doors to go inside it without coming over onto my property. I have been trying to not be a jerk about it but since they clearly have no respect for my property I need to figure out what my options are.

My questions are if a neighbor is standing on his side of the line but pushes his mower or his trimmer over onto my property is that considered to be trespassing since mower is on my property without my permission? If they are crossing the property line to enter their tool shed is that trespassing according to law? If so what can I do to make them stop since they aren't reasonable people?

 

[Zigner]

Put up a fence...

 

[mountainman9]

Put up a fence...

I've already put up a type of fence since I used a chain from the stake at the bottom of the property to make a straight line and pounded stakes at the property line allowing a couple of inches on my side to put in the stakes because I'm trying to avoid another conflict with the rude neighbor. He simply mows around them and told me I shouldn't plant flowers there even though they're clearly at least 6 inches on my side of the property line. If I put in a short fence (3 to 4 feet high) and he still uses his trimmer to lift it over the fence and weedwhacks into my property would that be trespassing? What if they say that they tripped over the fence getting into their toolshed? I wish this guy wasn't such a pompous jerk and would just stop mowing off my flowers.

 

[Zigner]

I've already put up a type of fence since I used a chain from the stake at the bottom of the property to make a straight line and pounded stakes at the property line allowing a couple of inches on my side to put in the stakes because I'm trying to avoid another conflict with the rude neighbor. He simply mows around them and told me I shouldn't plant flowers there even though they're clearly at least 6 inches on my side of the property line. If I put in a short fence (3 to 4 feet high) and he still uses his trimmer to lift it over the fence and weedwhacks into my property would that be trespassing? What if they say that they tripped over the fence getting into their toolshed? I wish this guy wasn't such a pompous jerk and would just stop mowing off my flowers.

That's not a fence, that's a chain between stakes.

Put up a REAL fence.

 

[justalayman]

Its time to stop being nice or worrying about his hurt feelings


start reporting his trespasses and destruction of your property (the flowers) to the police. Make sure he cannot access his shed by entering your property.


You can only be take advantage of if you let somebody take advantage of you. It's time to either accept you will allow it or not.

And to answer your most basic and first question:

Any unauthorized entry onto your property or the immediate airspace above it is a trespass. It doesn't matter if it is a person, a mower, or even him running his sprinkler. It is a trespass

 

[single317dad]

It sounds like you're both being pretty unreasonable here, and escalating things due to bullheadedness. Do you really need to plant flowers 6 inches from the property line? Does he really need to mow so close to the line that he goes over and destroys your flowers? You're both in a "by gosh I'll do it my way" mentality that will result in more ugliness.

Take the advice to build an actual fence, move the flowers, dig a moat, sue for the value of the destroyed property, spray herbicide along the "fencerow"; all are possible solutions, and you'll have to decide which one suits you.

 

[Mass_Shyster]

My questions are if a neighbor is standing on his side of the line but pushes his mower or his trimmer over onto my property is that considered to be trespassing since mower is on my property without my permission?

That seems to meet the definition of trespass at common law. Your state may have adopted a different definition.

If they are crossing the property line to enter their tool shed is that trespassing according to law?

That seems to meet the definition of trespass at common law. Your state may have adopted a different definition.

If so what can I do to make them stop since they aren't reasonable people?

Sue them for trespass

 

[Ohiogal]

It sounds like you're both being pretty unreasonable here, and escalating things due to bullheadedness. Do you really need to plant flowers 6 inches from the property line? Does he really need to mow so close to the line that he goes over and destroys your flowers? You're both in a "by gosh I'll do it my way" mentality that will result in more ugliness.

Take the advice to build an actual fence, move the flowers, dig a moat, sue for the value of the destroyed property, spray herbicide along the "fencerow"; all are possible solutions, and you'll have to decide which one suits you.

Why can't he plant flowers on HIS property 6 inches from the property line? The other guy is the one breaking the law.

 

[single317dad]

Why can't he plant flowers on HIS property 6 inches from the property line? The other guy is the one breaking the law.

I don't disagree that he absolutely can plant flowers wherever he pleases on his own property. What I ask is whether planting said flowers in said location is worth the ramifications. It's quite possible OP could avoid both a fence and a lawsuit if he simply moves the flowers. It's also possible the neighbor could see that as a win and pull another stunt.

 

[justalayman]

I don't disagree that he absolutely can plant flowers wherever he pleases on his own property. What I ask is whether planting said flowers in said location is worth the ramifications. It's quite possible OP could avoid both a fence and a lawsuit if he simply moves the flowers. It's also possible the neighbor could see that as a win and pull another stunt.

Or be could tell the neighbor to stay the hell off his property. The neighbor is being the jerk here. He could be arrested for what he's doing.

 

[mountainman9]

Thanks everyone for the advice. I'm looking into putting up a fence but it will have to be at least 6 feet tall or else he will just lift his trimmer and mow my flowers off with his weed eater, I've already put small logs down so he can't push his push mover over onto my side. I will admit that this is getting personal now but I think anyone would have the same reaction if someone tried to tell him where he can plant flowers in his own yard. I've put up a "no trespassing sign" so if he mows or sprays my flowers again I'm going to file a report with the police. This is on an economical lake so yes the lots are made small to get as many houses as they can on the water, but it's not my problem if he puts up a tool shed he doesn't have access to without trespassing onto my lot.

 

[mountainman9]

flood lights

I have another question that maybe someone can answer. This guy has a floodlight on the side of his house that shoots light directly onto my yard. It's quite annoying when I'm trying to relax in the evening maybe with a small fire in my fire bowl. Is there anything legally that I can do about his floodlight coming into yard? I'm pretty sure that he leaves it on purposely when he sees me or my family members sitting in our yard. Thanks.

 

[LdiJ]

I have a property that is located in front of a private lake inside a gated area. Mostly everyone there is nice and friendly, however someone bought the property next to mine and has been extremely rude towards me. I own an empty lot that is between my house and theirs with the property line about 6 feet from their house, as these new neighbors have been treating my property as if it was theirs. I have flowers and shrubs planted on my side of the property line and he continues to mow and use his trimmer over onto my property destroying my flowers. There was no fence or boundry marker there before except for a pin at the bottom of the property so I thought maybe he didn't understand where the property line is so I put stakes on the property line thinking that would solve the problem but instead he became angry at me and said he would continue to mow around the stakes. The property line being not clearly marked hadn't been an issue before since all of my previous neighbors had been friends and respected my property. They also recently constructed a tool shed that is on their side however they can't open the doors to go inside it without coming over onto my property. I have been trying to not be a jerk about it but since they clearly have no respect for my property I need to figure out what my options are.

My questions are if a neighbor is standing on his side of the line but pushes his mower or his trimmer over onto my property is that considered to be trespassing since mower is on my property without my permission? If they are crossing the property line to enter their tool shed is that trespassing according to law? If so what can I do to make them stop since they aren't reasonable people?

Put up a fence. Get a survey done first to double check the property line.

 

[Zigner]

Put up a tall fence.

 

[justalayman]

I have another question that maybe someone can answer. This guy has a floodlight on the side of his house that shoots light directly onto my yard. It's quite annoying when I'm trying to relax in the evening maybe with a small fire in my fire bowl. Is there anything legally that I can do about his floodlight coming into yard? I'm pretty sure that he leaves it on purposely when he sees me or my family members sitting in our yard. Thanks.

Probably not but some communities have some ordinances that may apply to the issue. You might try speaking with your local police, prosecutor, or an attorney familiar with the local laws.