Front yard trepassing ?

[TedKennedy]

Got an M1Garand? Remember Walt Kowalski?
"Get off my lawn!"

 

[Danny Tanner]

I side with the OP. I live next to a greenbelt and get annoyed seeing footprints and bicycle tracks cutting across the middle of my lawn when there's a fully functional sidewalk just feet away. While it's not a common issue, especially one enough that would wear my lawn down into a dirt trail, it's still annoying. I didn't walk through the middle of yards when I was a kid and I especially don't now, so don't do the same to me.

Hell, when mowing my part of the lawn along the sidewalk that borders my neighbor's yard, I'll step over and straddle the sidewalk as to not step foot in his grass, out of respect. I may look like an idiot, but at least I'm not disrespecting something he worked to achieve.

Saying this, I have absolutely no problem if my neighbor's son accidentally tosses a ball or frisbee into my yard and retrieves it. I get that kids will be kids and this stuff will happen, I just don't want my yard turning into a walkway.

 

[Shootin 4 Fun]

Wow...

 

[Buzzgun]

I'm glad I don't live in town.

 

[Spata]

Background:

I've lived in my mid seventies built home for thirty years, maintain my yard and have a front and both side sprinkler system installed, front yard is not fenced and I'm not sure if it even can be building code wise.

Less than desireable (you can tell) neighbors moved into the rental property next door in the fall, two 30ish single women one has two boys somewhere between five and eight years old.

The boys were given one of those ride in battery powered cars for Xmas and they started driving caddy corner across my front lawn to go from their garage to the street and sidewalk.......leaving very visible tire tracks across my yard in the now brown bermuda.

I nicely confronted the mother aprox. two weeks ago, showed her the tire trail across my yard, and ask her to stop letting the boys ride across my property.....I couldn't hear what she told them but she said something to them while glancing up at the wife and I standing in the yard.

Yesterday I get home from work and see the battery car parked half across the property line and more trails in the grass, I went next door and informed the mother of what was going on and she said (in the TONE), "their just boys",......after her 'TONE' my short reply was, "control them".

I then informed her that this was the second time I'd brought the problem to her attention and the next time it happened I was going to call the police and have her cited for tresspassing, to which she replied, "oh wow', then turned and walked away......while walking away with my back to her she said, "have a nice day sir" again in that smarta** tone.

This is probably now the beginnings of a neighbor fued but at this point I feel I'm within my rights and only want the kids to given some good parenting and stay off my property.

Some say front yard trespassing law is different than backyard tresspassing......is this true and am I within my legal rights ?

http://www.okc.gov/action/OnlineServiceRequest/Forms/EnterRequest.aspx

 

[10Seconds]

I agree that contacting the landlord would be the next best step.

Also, if they left items on my property I would consider them abandoned and handle them accordingly.

 

[Cohiba]

I don't know what city you live in but check and see if they have a code enforcement officer.

If it really bothers you turn on the sprinkler system when you see them in their yard getting ready to go across your's. I use that alot in the spring and summer.

If it continues and you want to pursue it, I would do these steps:

1. Find out who the owner is....look online(County Assessor) for the owner or go to your County Assessor's office and see if they can do a search. Send them a certified letter explaing in detail the problem you are having.

2. Send the renter of the home the same certified letter. Both letters are legal proof that you have contacted them or tried to contact them. Keep the returned cert. or the entire returned letter if there is no delivery. Save these items, they may have to be used as proof of notification. Telling the police or a code enforcement officer you have asked verbally might not hold up. If you tell the P.O. or Code Enforcement that you have asked(verbally) and then show them the certification....you have more of a solid ground to stand on.....the renter or owner will dispute verbal contact, but with a certified letter its a little more difficult to dispute.

3. Call Code Enforcement or the Police Department. Explain property damage AND state your concerned that who would be liable if the children were hurt on your property.....act like a victim.....Your concerned that you might back over them with your car and who is libable. Always state your case like your a victim and you want to legally protect yourself. If they cannot help, ask THEM what they suggest to reduce this matter. If they cannot help consult an attorney...if you want to press it that far.

4. Call DHS and ask for child welfare. Expalin in the victim's role your concern about children roaming(stress the age of the children) and possible unsupervised roaming, especially in the street.

5. Talk to your attorney about your situation. Ask him or her if it would be wise to "scare" the land owner with a bill on paying his half of a fence to "protect" the children from being in your yard and the prevention of property damage.


***This is what I have used in the past to get the kids out of my yard.*** I found what I feel is the most irritating music on earth. I open my garage(usually in summer), get out my folding chair, get my magazine or paper, a nice cold beer, and a good cigar. I get the extension cord, and place the boom box in the middle of the driveway. I put my ear plugs in, pop in the CD, turn up the volume, and enjoy the show of kids holding their ears and running/screaming to their house while I enjoy a nice beer and a cigar.


Wing is your friend!!! Use that delicate rose petals voice to your advantage........
http://wingmusic.co.nz/

Wing Sings: Dancing Queen



This has caused kid to go running full speed to their house. Even after 10-15 minutes of the kids being gone I keep it playing, then shut it off. One time I had a neighbor come out of his house and tell me he was going to call the cops. I turned to him, smiled and stated PLEASE CALL THEM!!!! I need their assistance on my problem that no-one wants to address. Now in the summer, on Saturdays, if the kids are playing....they stay in the cul-de-sac. Sometimes I jack with them and open the garage door.....to get my newspaper. They start walking toward their house.

Ah, Pavlov's dog experiment/conditioned reflex.......gotta love it.


Goodluck!!

Cohiba

 

[cheese79]

I used to have some kids next door like that but it was them kicking balls against my fence. about 10 times a day the ball would end up in my back yard. after several "talks" with the father I would make it a habit of sunny afternoons kicked back on the back porch waiting for them to come over. after about 5 footballs and 10 soccer balls going back to them with 2 inch holes punched in them they finally stopped.

 

[Kiyot]

4. Call DHS and ask for child welfare. Expalin in the victim's role your concern about children roaming(stress the age of the children) and possible unsupervised roaming, especially in the street.

I think pulling a move like this is assinine. Now if there is honestly a problem and kids are left outside unsupervised for extended periods or out in underwear and the like, then yes that's a cause for concern. But if someone was to just call DHS to create grief for the other party involved (which is most definetaly the way it sounds in your post) it is a waste of DHS's time and, quite honestly, immature. Deal with the situation at hand.

The other options you laid out are obviously fine. In fact you could almost forgo the sending of certified letter to the renter, and next time you have an issue just call the police out explain to them it's not an emergency and then have the officer talk to both of you and make sure you document the date, time and officers name. Maybe even see if he'll make a simple report stating the issue and that the renter was told to stay off the property. I highly doubt an officer is going to push the tresspassing ticket even if you've mailed them the letter because he'll try to "get the police" involved and see if that fixes it for you the first time anyways, although if you want to be pushy you should be able to sign the ticket. So you can kind of kill two birds with one stone.

As others have said too, kids will be kids and try to remember that part of it. I know the parent's appear to be the real problem from what you've said, and good luck with that. I mean no disrespect to you, but sometimes if you've judged them as the "less than desireable" you are playing to that and have made the situation worse and can maybe try another approach before involving the police. And no I'm not some goodie two shoes, I fully understand why you're upset. But you will have to live next to these people after this feud has started and will have to deal with a lot more than just this. I wish you luck.

 

[AKguy1985]

I'm glad I don't live in town.

2nd this.