Terry... laughingdove wrote 2' (the single mark is an indicator of FEET, as opposed to the double hash mark ", which is inches!)... so the fence is two FEET inside her property line.
LD... the next time the police come out (and they will be called).. make sure you have a copy of your survey ready to show them that you own the property. Meanwhile you may want to consider moving your fence as far to the edge of your property as you can, and have it raised higher (maybe an 8 ft fence, if allowed) and solid... all the way to the ground... to prevent them from throwing stuff over or under the fence. I know it's a major expense, but it's going to be cheaper and easier than moving, or defending yourself in court.
Try getting a digital camera with movie capability. Record what goes on at the fence. If the camera catches them dumping trash you would have a legal complaint and proof. MAke sure you give the cops a copy (burned on cd or dvd) and keep an original for yourself. Sometimes things mysteriously disappear, even at police stations.
Even though it is on your property line it's not worth the legal risk. Basically police consider trash a civil matter & trespassing criminal.
If your neighbor's trash is causing vermin report them for leaving their trash there with your local sanitation or pest control state/city agency & get them in trouble for a change. As a senior you can also appeal to your local senior rights advocate agency that you are being harassed.
In 6 months I will be considered a senior & entitled to certain local rights for seniors which I intend to take advantage of.
I have a home for years in a nice area with no trouble.
New people (who seemed nice) moved in & bags of their trash are always in my yard.
At first I was told by police it was a bear. I've been picking up their garbage for months.
But it is late Dec. now & the police say bears are not in the area yet the trash is still appearing.
Today I just picked it up & dumped it (used baby diapers, chicken bones, eggs, potatoes, cans & dirty q-tips etc) at their front door & front yard.
in the driveway just on the lot line and when he gets out of the car he steps on my lot.,they call the code enforcement on regular bases.. I am thinking about an attorney. Anybody know how to handle this.
I live in Missouri on my brother's land. (I'm widowed, disabled, and a parent of a teenage son.) Anyway...My brother bought the land about 7-8 yrs ago. About 32 acres. He had brought to my attention that he found the fence was not on the property line. After, research and surveying we found that to be true. Here is the problem with living in Missouri.....any fence that has been in place for 10 or more years becomes the property line in accordance with what is called "adverse possession". So, you need to find out if that applies in your particular county. In my brother's case he lost about 9-10 acres of his land cause the neighbor moved the fence without the original owner knowing it was done, so.....my brother has a deed for land he doesn't really own. It's stupid, I know, but that is the law here in Missouri. I wish I could tell you how to get around that problem, but so far, all I have found in the law books are cases in favor of "adverse possession". BTW.....I am bi-polar. I beg you to please don't confuse learned behavior with bi-polar. Bi-polar's are emotional; not born liars. That is taught by their parents; not bred into them.
I am assuming you are speaking about the fence that is between you and the neighbors - not the front or back. Do you have a survey that shows your fence is 2" within your property line to show the police the next time they come out? Still this only allows you to be on that 2 inches - is that enough for you to walk on to remove the trash? If the fence is not tall perhaps you could use a tool that allows you to reach over the top of the fence and stab or grab any trash. A recent (within last 10 years) boundary survey of your property may be required to prove that you own that 2" of land and that would cost around $300 or more. This doesn't sound worth it to justify that expense for you to prove the 2 inches are yours and will not stop them from throwing anything in your yard. If you have to spend some money on a survey, it would be better off using it to determine your correct boundary line, removing the old fence and having a taller (6')privacy fence installed on that line. A reputable fence company should not install a fence without a boundary survey. All of this may be beyond your means - financially and emotionally. Maybe a senior citizens advocacy group may be your best bet for fighting this or finding out IF and HOW you can legally fight it - many of these groups have lawyers involved. This doesn't sound like a zoning problem to me - unless they are running a business out of a residential property and disturbing the peace only happens between 11 pm to 7am. I would also recommend calling the legal aid society of Missouri where you can get free legal advice. Good luck
I understand your pain and frustration. I too owned property of where my neighbors OWNED, but they continually harrassed me about every little thing in the book so to speak. It did not start until after my husband of 21 years decided he wanted a divorce. He left me with 2 teenage boys, a mortgage and car payment and a yard over 1 full acre to fend for myself. The men on each side of my property planted TREES on my land to put a buffer between the homes, which was ok at first...because it saved me from having to do extra landscaping...but then they called the Sheriff about us shooting fireworks on New Years Eve, my dog barking too loud, because another neighbors cat was in the yard...or the deer, that one neighbor liked to shoot out his back door with bow and arrows.....they would tell me to TELL my dog to Shut up....It was always something. I moved out of my house in October and was still making a mortgage payment AND now rent as well for as much as my house payment....and I am a REALTOR that makes NO money unless I sell a house and close. This is what YOU need to do.....I do not know if you live inside the city limits, but I am assuming the COUNTY because you said the SHERIFF came out.
Have someone you know or you call the county zoning commission and ask them to send someone out to your house so you can show them face to face what is going on. Show them anything you have to prove the property line. It really doesn't even matter about the property line. If your neighbors are becoming a nuisance, there are laws against that. Also, if these folks are RENTERS, call the COUNTY courthouse department that handles tax notices. Tell them you need to know who owns the house at "such and such " address regarding an issue with their property. It is public information. Call this person that owns the house and nicely tell them that you have a problem and there are records of where calls have been made against you unjustly by HIS/HER tenants. If it continues, you will take matters to an attorney for violation of your rights to LIVE PEACEABLY on YOUR OWN PROPERTY. After you talk to this person on the phone, write them a letter , date it and mail it "certified mail". Then the next time this mess happens, get YOUR copy of the letter out and show it to the Sheriff's deputy to prove that you have complained and you want to file a complaint against the tenants for "Disturbing the Peace", "Zoning laws" or whatever ELSE the county may find when they come out to visit.
If NONE of that works, call the COUNTY AGAIN. Tell them you need the number to your COUNTY REPRESENTATIVE....you know, COUNTY COUNCIL BOARD.... ask for the HEAD PERSON OR CHAIRMAN.....They are voted in office by the public in my town....maybe they are where you live too. Tell them that you are on SSI, Sr. citizen and you need help. If the county zoning, the sheriff's dept, the owner of the property next door and the COUNTY COUNCIL do not give you any satisfaction, look in the phone book for any SENIOR CITIZEN ADVOCATE GROUP or NON-PROFIT ORGANIZATION that helps people on low or fixed income...AND CALL YOUR LOCAL NEWSPAPER to come and talk to you.
note: I am NOT an Attorney, I am just telling you from my OWN experience...and like I said, I am a Realtor!!!! I know the laws....but the law gets called on me unjustly....don't you think thats gotta make a person wonder????
These are just the things that my local government officials have told me to do and I did.....
Best of luck, please let me know what happens....
My email address is email@example.com
I live right outside of Charlotte, NC
Realtor in Rock Hill, SC