Q: Can I post on my neighbors side of MY fence “No Trespassing” and “Private Property” signs and enforce them?
I live in Tulsa County. I have a neighbor that piles objects up against my fence and has damaged about 35’ of fencing. He has been asked numerous times to stop to no avail!
I own the fence and it is 6” inside my property line. I am going to have to replace the fence because of the damage he has done to it.
Can I post on his side of my fence “No Trespassing” and “Private Property” signs and enforce them? I want to be able to take legal action against him if he continues to do this and damages my new fence.
Thank you for your time.
A: As to the signage, it depends on the section of the county in which the fence is located and whether it is within any city limits. However, regardless of the sign issue, if your fence is on your property and your neighbor has piled stuff against your fence, then your neighbor has probably trespassed. You don't necessarily need a sign to take legal action against someone for trespassing. The damage to your fence could be either trespass to chattels or conversion, both of which are actionable without any sign.
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