I live in a retirement community in IL which does not allow fencing. The houses are about 3 years old, so my plat of survey is current. I know where my property ends; my customer relations rep clearly showed me when I moved in & it was marked with flags. My back neighbor was never clear on her property lines & doesn't understand how to read her plat of survey. She keeps trangressing on my property, damaging my lawn . Recently she had some kid with a dethatching machine ripping up her sod, and she told him to come down on my property. I managed to stop him, but some of my grass is damaged. How do I keep this nutty woman off my lawn? Should I have an attorney write her a letter? What is the proper way to handle this?
General Practice Lawyer
This may be part legal matter, part just finding the best way to make things clear:
Having a surveyor come out and stake the corners again may help her understand. You might try the surveyor who handled the subdivision for the builder, but you may find surveyors at less cost by calling around.
Yes, a letter from an attorney, with a copy of the survey, and some indication of a willingness to help spot the corners might help. This could be done in a tone that would suggest friendliness in maintaining the relationship as neighbors.
If there is an association, management agent or the ability to contact the builder, one of them may be able to write a friendly, but firm letter to assist.
Otherwise, if you feel the situation warrants it, you can try to involve the police regarding trespassing, but my expectation is that they will tell you to handle it as a civil matter. Perhaps there is some chance, with your survey in hand, they may at least speak with her about respecting the property lines.
Otherwise, you may have to file suit.
Before taking any action, you should review the situation more carefully in an office consultation.