Real estate disputes might relate to the disclosures provided by sellers before a real estate closing or unexpected title claims brought by an outside party. Other times, conflicts begin because of how neighbors behave. People sometimes develop a sense of entitlement to property that isn’t theirs.
Unless there is a fence or similar system in place to exclude individuals, people may repeatedly access private property without permission. They may do so even with the knowledge that the owner does not want them on the property. How can real property owners fight back against a neighbor’s routine trespassing?
Trespassing is a crime
Trespassing involving outdoor spaces is technically against the law. It is a less serious offense than trespassing inside a building, but it is a crime nonetheless.
Property owners who have advised their neighbors to stop walking their dogs or smoking cigarettes on their property can potentially take legal action. They may not want to file a police report and ask the state to prosecute the neighbor yet. Instead, they might document the behavior and then go to civil court. A judge can issue an injunction forbidding future trespassing or hold a neighbor responsible for the economic impact of their activities.
If a neighbor continues to ignore the owner’s requests, they could then be held accountable in civil court even without involving law enforcement. In some cases, filing a police report can be helpful when seeking to enforce an injunction or gather evidence of repeated trespassing.
Property owners frustrated by the disrespect shown by their neighbors may need help handling the matter. Working with a real estate attorney can help homeowners learn about and assert their legal rights.