Q & A Table of Contents
My Yard Is Not Your Dump!
From: Karen, Tonawanda, NY
Question: I have a new neighbor that has decided to use my vacant land as a personal dumping ground for yard waste and debris. I own 7 acres in a small city and have worked for 15 years to clean up the property line where his property abuts.
I've asked him if he could please remove the debris and to not do this anymore and he became irate and belligerent, claiming that the debris is on HIS property, not mine. That being the case, he then believes that he owns 50 feet further back that he really does. He told me that he thought it was childish and immature as well as un-neighborly of me to ask him to do this and didn't appreciate this kind of "welcome" to the neighborhood.
Short of getting a lawyer or putting up a tall fence along this long property line of mine ($$$, which I am sure he will simply throw debris over the top of), what can I possibly do to make him stop adding to my workload on this property? Other neighbors along this line are not following his lead!
Response: If your neighbor is indeed invading your land with his yard waste and debris, it is important to let him know that the property is yours and that he has no rights to it. You need to be able to demonstrate to him that the land is yours. If you go to the place where property records are kept, you can probably get a plan which shows the boundaries and measurements of your property and his. Mail him a copy of the plan and tell him that his dumping constitutes trespassing. Ask him whether he would like to resolve this in a neighborly fashion by removing the debris or whether he would rather that you utilize legal processes. If you have to hire a lawyer and if you win -- through negotiation or litigation -- your neighbor will be obliged not only to clean up the mess, but probably also to pay your legal expenses.
By giving your neighbor a choice, you are making it clear that you mean business but that his behavior is something that can make things more or less troublesome for him.
Unfortunately, someone who 'invades' your land is effectively taking possession of it. Unless you go the legal route you could lose your right to that portion of the land permanently. A fence won't solve the problem, unfortunately. You need to exert your legal rights or you will lose them.
Good luck with this,
Steve
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