neighbor driving on yard

[redd]

I have lived in my home for the past five years. We lived next to older gentlemen who we were friendly with and gave him permission to use our side yard to gain access to his backyard and storage building. He needed to take his trailer in and out of storage and he always let us know when he would need to drive on our property. My neighbor has since passed away and his daughters are in the process of selling his home. They have conditionally sold the home to a couple who agreed to maintain the yard for the daughters until the closing date. The new neighbor started driving on our side property every day without asking for permission. We thought this was extremely rude and decided we better put up a fence before they move into the property. So in May we built a fence along the property line preventing them from diving into their backyard because they only own about 4 feet of the side yard. Nothing was said to us until a few days ago the new neighbors came over and said that the closing date is coming up and want us to take our fence down so they can get to the storage shed with their boat, trailer ext. They also said that the daughter told them that they would have unlimited access to the yard. I have just had a baby and don't want people driving trough the yard. My question is do I have to allow these people access to my side yard? Does the daughter of the previous owner have any rite to tell people they have unlimited access to my yard? The fence is on the property line so do they have a rite to take the fence down? Even if there was no fence I don't think you can drive on my property without permission. Can you? My husband told them he doesn't like people driving on the property but would get back to them in a few days. Help!

 

[seniorjudge]

Q: My question is do I have to allow these people access to my side yard?

A: No.

 

[calalily]

Seniorjudge is totally correct...they do not have a right to drive on your yard nor can they take down your fence. The daughters had no right to tell the new owners they would have unlimited access. However, you may want to check about your fence being built directly on the propery line. It may need to be moved onto your property, not directly on the line and there may be other problems with the fence if you didn't check building codes before erecting it. A permit may have been needed and certain specifications met, so check that out. You may want to write a letter to the new owners stating that access is not granted and that the daughters didn't have the right to grant them permission for use of your property. Do consider the ramifications though, of not being very neighborly and having to live next to angry neighbors. Try and come up with some sort of solution that you both can live with.