Neighbor keeps opening gates to my driveway saying it's her land and we cannot close the gates?

Question

My neighbor who is mentally ill is claiming that our driveway is part of her property. We have been closing our gates for the last couple of weeks to keep her vicious dog out so that our grandchildren can play in the yard without fear of getting bitten. The neighbor will come right behind us everytime we close the gate and open it back up yelling and cussing saying it's her land and we cannot close the gates. What kind of action can I take against this woman? I cannot sleepl, eat or have peace of mind for fear of her hurting me or my family.

We have called the police, 911 and the local dhhr and the humane society and NO ONE will do anything.

Answer 1

First you really need to make sure that the gates are on your land and that both your Deed and hers do not contain any type of easement, right of ingress or egress, covenant blah blah that entitles her to do this. Don't assume anything. You probably have your Deed in your files, and you can look at hers for free at the clerk or recorders office. Many people are amazed to find that their Deed does have one of the above.

Once you are certain she does not have this right, you can file a complaint in Municipal Court against her. Chain and padlock the gate while you wait for your court date. If she keeps it up after you go to court and win, you can probably have her arrested. At the very least, the police will have to deal with her because you will have an order or decision. If she gets herself arrested, and she is truly "mentally ill" as you say, there is a chance that she will be remanded for observation.

"We have called the police, 911 and the local dhhr and the humane society and NO ONE will do anything."

Of course not. The police don't settle Deed issues, she hasn't done anything crazy enough for dhhr to get involved, and the dog hasn't been ruled vicious. You are going about this all the wrong way, and all you are doing is frustrating yourself. You are asking people to do things that are not in their power to do.

You need to first check the Deeds and proceed with a complaint filed in Municipal Court against her if you are truly in the right as per your Deeds. Anything less is just going to generate more frustration on your part.

Answer 2

First thing to do, and this may be a silly consideration, but make certain the gates are on your property, and are truly yours. In all likelihood they are, but there just might be some sort of easement that actually does make them hers. So first, make sure they truly are on your property. Check with county real estate records, or the county assessor first.

Second, if you don't really want this to become a police matter just yet, try a lock. A simple padlock with a key (and a chain, if necessary, depending on the gate design) will keep her from opening them back up. A combination lock might be better if multiple family members need to open/close the gate for vehicles, with a copy of the combination on a card in all the vehicle visors.

If she decides to cut the lock, then things are getting serious, and it might actually be time to involve the police. At this point, destruction of property, trespassing, and child endangerment might all be viable charges if it gets ugly.

Lastly, and this really is Firstly, once you've determined, legally, that the gates are yours on your property, try taking your proof with you next door, along with some cookies or a cake, and try talking with her. Perhaps she is acting under the false assumption that they really are hers. Showing her that they aren't, and sweetening the conversation with a peace offering, might get her to leave the gate alone. It would certainly be the cheapest option, and the best for peace in your neighborhood. If it fails, you can always pick up a lock....

Answer 3

Get your land surveyed and then put no trespassing signs up. The next time the women comes into your yard call the police and show them the survey papers and tell them you want her arrested for trespassing. Also how is it affecting her if you close the gates? Mental illness will make people act like that though. Maybe when she comes over to open the gates you should start praying for her really loud. It might scare her enough to stay away. It did for my crazy neighbor!

Answer 4

First, I would call the police about the neighbor and her vicious dog. Second, I would have a survey done on your property to determine exactly where your property lines are. Strangely enough, your neighbor may actually own your driveway, as sometimes folks are careless about things like fences and other border markers. If she does own that portion, you'll have to move the driveway over onto your own property. If (as I suspect) she does not, I recommend you put up a fence with a gate that she cannot open.

Answer 5

A lock on the gate for starters. A chat with the local authorities (not 911!) might be in order as they can chat with her and she might be frightened enough to not do it anymore. Does she live alone? If she does not, talk with the people she lives with. Is she able to take care of herself? Perhaps a social worker needs to visit her. I would put a lock on the gate. Let her call the police if she wants. I feel sorry for her, but you have to have your safety. Maybe if you went as far as to show her a copy of the property deed, she will understand it is your property. Good Luck.

Answer 6

well,i would call the animal control about the dog...don't worry about the gate issue it's the dog that's the problem....also go to the police dept. and file a complaint about the dog...and a separate complaint about the driveway gate if it is your property...i would call and find out where the property line is ...you should remember to add in both reports that she is rude and uses derogatory language toward you .....you should also write a note send it first class mail so she has to sign for it - [so you will have proof that you tried to explain to her how serious the situation has become]. & telling her that you have filed a complaint on her and will continue doing so until the issue is resolved..it may sound harsh but remember that she is not your family or a close friend and you shouldn't have to worry about the pets of others in your own yard....this is a quick and simple beginning to a solution to your problem....i hope it all works out...do something today so you sleep good tonight...

Answer 7

I assume this is your land and their aren't any caveats saying others can use it. If the police fail to do anything, beat the crap out of her next time she goes onto your property (though it has to be on your property, if she runs you have to let her go, you can't restrain her) so she knows not to do it again. When the police come around they won't arrest you because you have a) the right to defend your property (though you can't go over the top, so be careful how much you beat her up) and b) the right to self defence (if she can lay the first blow all the better, if you can get it on tape). In fact, they should arrest her and send her to get the right treatment.
I think this is mean, especially for someone who's mentally ill, but if they can't function in the society why are they their? they have institutions for people who can't function so we don't have to deal with them.

Answer 8

well the mentally ill part is a bummer,call the cops like they said but you know thats just a temporary solution,get a copy of your records in the city hall that outlines your property site and make sure you are legally the one who owns the property at the gate in question,and put a damn lock on itso it cant be opened,you do know this will create a disturbance with your nieghbor but if your concerned about her welfare and shes a Govt liabililty person,talk to her counselor or her family about it,if shes just a nut well,then dont worry shes just a nut

Answer 9

I would check with the city hall or the court house. If she is the owner of the land, I would say you have rights as to your privacy. If she owns the home and land she maybe able to keep you from locking the gate but not closing it.

Answer 10

Is your gate on an easement? maybe you should check the county records to see exactly where your property line is at. If you are in the right then call the police and press trespassing charges against her.