How to Legally Prevent Neighbors from Trespassing on Your Easement
Dealing with trespassers who are damaging your property on an easement can be a frustrating and legally complex issue. Whether they are taking items or destroying your garden, it’s important to understand your legal rights and the steps you can take to protect your property. This guide provides a comprehensive overview of potential solutions and actions you can take.
Understanding Easements and Legal Rights
Before embarking on any legal action, it's crucial to understand what an easement entails. An easement is a legal right allowing someone to use a portion of your property for a specific purpose, such as maintaining access to your property. This does not mean that the easement owner has full ownership or the right to occupy the property.
In your case, if you do have an easement, the neighbors who are using your property have the right to cross it for the purposes specified in the easement. However, if they are damaging your garden or taking your property without permission, they may be in violation of laws such as criminal trespassing or vandalism.
Tackling Trespassing: Legal Approaches
There are several legal measures you can take to address the situation:
1. Report Criminal Trespassing
If the neighbors are committing criminal trespassing, which is often when someone enters a property without permission and remains there, they can be charged with a crime. Criminal trespassing can result in fines and up to six months in jail, depending on the local laws and severity of the offense.
To report criminal trespassing:
Collect evidence such as photos, videos, and witness statements. Contact the police and file a report. Understand that the police may advise you to pursue a civil lawsuit, as they prioritize criminal matters.2. Seek Legal Counsel
Consulting with a lawyer who specializes in property law can provide you with clear guidance on your specific situation. They can advise you on the best course of action, help you draft legal notices, and represent you in court if necessary.
Some key points to consider when consulting a lawyer include:
Review the terms of your easement agreement to ensure the neighbors are adhering to the terms. Understand the legal threshold for claiming property use as a prescriptive easement. Explore potential legal remedies such as injunctions and damages.3. Implement Fencing and Property Protection
Physical barriers like fencing can serve as a deterrent and protect your property. Consider the following steps:
Check local zoning and building codes to ensure the fence meets legal requirements. Install a fence or other physical barrier to restrict access. Place clear signs warning trespassers of legal consequences. Consider hiring a professional to install the fence and document the process.4. Look Up County Records
Reviewing county records can help you determine if an easement exists and provide evidence if needed:
Check recent property records for any mentions of an easement. Review older records, as they may not have been digitized, to find any historical easements. Look for evidence of a prescriptive easement, such as continuous and open use over seven years. Ensure to document all findings to present as evidence.Conclusion
The first step in addressing trespassers on your easement is to understand the legal framework around easements and your rights as a property owner. By taking a proactive and informed approach, you can protect your property and ensure that neighbors adhere to legal standards.