Q: Neighbor has a fence with a gate that allows him to enter our property. Needing advice about this. Many thanks.
Neighbor enters our property without permission. A few weeks ago he was on our property with a roof repair contractor who went up on our roof without our knowledge or consent. Do we have a right to ask neighbor to put a lock on the gate because we don't want anyone entering our property anymore. The house was robbed, property in backyard damaged, because neighbor leaves the gate open. He claims it was damaged in a storm. Thank you for any help. I am very upset. Screamed at neighbor that I am the owner of the property and not him. Feels like he is always overstepping boundaries and it's stressful.
A:
First, entering your property through your private back yard without consent is the crime of trespass, for which you can contact the police. Perhaps the police would at least have a talk with the neighbor to warn him to not do it again or else. Otherwise, you can hire an attorney to send a cease & desist letter, which is also basically a warning not to do it again, or else. Most people, upon receiving a letter, refrain from again engaging in the offensive conduct, but if the conduct were to continue, legal action can be taken to seek a court injunction against the trespassing.
Regarding your question about forcing your neighbor to place a lock on his gate, the answer is no (absent a court order to do so). Of course, you can simply fence off (on your side) the portion of his fence that has the gate, either with just a fence or your own gate that you can lock.
Terrence H Thorgaard agrees with this answer
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