A couple of motion-activated sprinklers? The Scarecrow mentioned here is pretty decent. Took care of some pest wildlife in our yard.
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Those scarecrows work well!
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I recommend putting a camera on your backyard fence rope. If they mess with it, you’ll have it in your back pocket in case you ever need to file a police complaint. Also handy to have if your neighbor starts making complaints about you to the HOA.
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It does seem unusual that no setbacks are required for the sides or the back of one’s property. However, the county, city, village, town, etc. may have a setback requirement as a fire prevention measure. Typically, an HOA cannot overrule a government entity district. (Your HOA may contain a caveat stating compliance with all local rules, regulations, and laws in the case of an HOA rule / bylaw conflict with local law.)
Consider placing a storage shed on the property line. Make sure that the shed is captured on a security camera.
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Many great ideas. Rough gravel sounds good for now. Along with the rope, it can mark the boundary as well as keep the dog out. How big should they be to make it uncomfortable enough for the dog?
Just spray ammonia or vinegar on the gravel every week & the neighbors’ dog should avoid the area.
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This stuff works quite well as a cat and dog repellent (my husband used it successfully to stop the neighborhood cats from using our rose bed as their toilet). Look for products with this ingredient:
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Does the HOA have any regulations about dogs? Look for that too. Ones we know of are very specific…no dogs off leashes, and clean up after your pooch.
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We are going through something similar at the moment, although in our case, it is the neighbors who built a new house. Their builder put in a concrete staircase that encroaches on our property. So far we are managing to sort it out peaceably - they’ve acknowledged the problem and the staircase will be removed - although I’m hoping we don’t end up with some ugly border fence. We may sell our home in a year or two, so especially taking that into account, it’s important that we are all clear on the property borders. I have also granted permission to access another property I own, where the former owner allowed the neighbor to cross the property for certain purposes. I was fine with continuing that practice, but I wanted to avoid any adverse possession arguments, so I consulted a lawyer how to document the right of access. He recommended that I file a document that falls short of an easement but allows my neighbor to cross so long as he checks with me first. (This is in California, I forget what the document is called.) I really think spending what it costs for an hour’s consultation with a real estate lawyer would be a good investment. I am a lawyer, as are many of those posting above, I believe, but state and local property laws are a world unto themselves and it is best to seek the advice of an expert. I think that would be a better approach than some of those suggested above, as you could always blame whatever your end up doing/suggesting on the lawyers - it takes it a bit out of the personal realm.
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Please don’t plant barberry. It’s incredibly invasive and is crowding out native species. Many states don’t allow it to be sold any more.
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Interesting. It is not on the list of invasive species here. Himalayan blackberry is a different game. It is my personal nemesis.
ETA: it always makes sense to check with your local plant sellers. By law, they are not allowed to sell anything that has been declared invasive. Barberry is sold here, but I see that certain species are considered invasive.
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I am finding myself appreciating my current neighbors better than I did before reading this thread.
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Me too!!!
Me, too. That is my old neighbors. Rarely anyone complained contractors parking in front of their house. I can see how people won’t like it. But not enough to make them move. When my contractor parked a bit beyond my front, there were five trucks working that day. They couldn’t contain to my front. It happens only once in a great while.
This advice would cause many to seek a second opinion.
Why would you voluntarily legally acknowledge another’s right to use your property ?
Such a document just bolsters another’s claim of an easement or for adverse possession. What if the neighbor used your property once, twice, or more often without “checking with you first” ? Would this constitute a waiver of the “checking with you first” requirement ? Also, is “checking with you” adequately defined in the document ?
At least ask the attorney for legal support for his recommendation (case law or applicable laws or regulations).
P.S. I am not offering legal advice, but it seems that any such document should contain a required fee as well as an expiration date as a bare minimum. Of course, acknowledging the neighbors’ prior use of the property before your purchase just adds credibility to any potential claim by neighbors & shortens the time span for any adverse possession claim.
Serious Question: Does this lawyer claim to be representing you & protecting your interests ? Or is this lawyer a relative of your neighbors ?
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California Civil Code Section 813. Most recently I granted access to a herd of grass-eating goats.
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Google: Prescriptive Easements in California By Lou Segreti, Mike Whitten and Andy Puls
This four page 2017 primer might encourage one in your situation to get a second opinion from a qualified California licensed attorney.
P.S. Notice the section regarding “Equitable Easements”.
Also, this short article co-authored by 3 California attorneys who specialize in property & real estate law should help OP to consider whether or not to consult with a properly licensed attorney in the appropriate jurisdiction.
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@Publisher I don’t think we want to get into a debate on the minutiae of California real estate law here, but the Section 813 filing is a way of blocking any prescriptive easement or adverse possession arguments, as permission as been granted (although can be withdrawn), therefore no hostile possession. You are kind of making my point, which was that the OP should get some local legal advice, as property law varies greatly from place to place. P.S. I am a California licensed attorney, albeit not a real estate specialist.
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Wow, my head is spinning. Does prior use add to their years of use before they bought the property, 7 or 21 years? It was an empty lot before I built.
Particularly with a user who is not the OP.
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