QUESTION
If a neighbor comes into my backyard that has a fence that is locked, do I have legal recourse?
Asked on Oct 28th, 2012 on Personal Injury - New Jersey
More details to this question:
Neighbor has several cats that urinate and leave feces in my yard. Per animal control, I obtained a trap, set it up, caught the cat and called animal control for removal. The cat was in my back yard that has a locked gate, the neighbor open the locked gate and removed the cat and trap. Is there anything I can do? Help!
11 ANSWERS
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Post no trespassing and if that fails get a restraining order.
Answered on Oct 31st, 2012 at 4:13 PM
Ronald A. Steinberg
The neighbor trespassed. If the animal comes back to your side, grab it, and call animal control. You might also make a police report. If the animal continues to do that, do not hurt it. It is an animal and works on instinct. If the neighbor refuses to leash the animal, you might capture it and drive 100 miles away and drop it off in a forest somewhere. Then, play innocent if the neighbor inquires. There is a legal concept called "self help." If the "system" can't or won't help, you can do it yourself. I honestly am not sure if there would be legal ramifications in this situation, so it might be worth speaking to a local lawyer in case your jurisdiction has different rules than mine does.
Answered on Oct 31st, 2012 at 4:13 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a police report for trespassing.
Answered on Oct 31st, 2012 at 5:48 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Order the neighbor to stay off, post it if you care to and have him arrested for trespass IF HE IGNORES YOU.
Answered on Oct 31st, 2012 at 5:03 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Your neighbor has trespassed on your property and you can press criminal charges by contacting the local prosecutor for your city. You can also pursue a civil action for trespass but the damages you can recover would be limited to the actual damages caused by the trespass and might not be worth it to you or to an attorney to pursue. Good luck.
Answered on Oct 31st, 2012 at 4:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is probably nothing you can do this time. However, if you write a letter to your neighbor putting the neighbor on trespass notice, then the the police could charge the neighbor with trespassing next time. You should ask your local police the best way to do the letter. Some agencies prefer that you send a copy to the police agency.
Answered on Oct 31st, 2012 at 12:53 AM
John D Duncan
Call the police if a neighbor is coming onto your property. The key to criminal trespass is the neighbor's knowledge that he is not allowed onto your property, so a sign at the gate is a much.
Answered on Oct 30th, 2012 at 10:59 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, the conduct of your neighbor is technically a trespass, which can be prosecuted criminally if you can convince the district attorney's office to pursue it, however, more likely to be something to pursue civilly and unless there is some property damage would suggest that you file a small claims action which has $10K in jurisdiction and you can get a hearing within 60 days of filing.
Answered on Oct 30th, 2012 at 10:56 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can sue for tresspass. You will only be entitled to nominal damages, but you have a right of action so that you do have recourse to the courts.
Answered on Oct 30th, 2012 at 9:15 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Next time put the trap where he/she can not get or video the trespass
Answered on Oct 30th, 2012 at 8:57 AM
You may file a complaint with your local small claims court to seek relief.
Answered on Oct 30th, 2012 at 8:57 AM