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Problem Neighbor and the contractors.

Jacksonville, FL |

Two guys walked out from neighbor yard with big shovel carried on their back and they walked to their black truck. They ignored me after I identified I am the owner, and "You are in my yard". They drove away but they drove back and they blocked the driveway to look at our house, then they drove away. Did research of the company because there was no name, what they do if they are contractors for the neighbor. Asked neighbor to confirm and she said yes, they are the contractors who works for XYZ company. Called the firm people, someone stated he own and manage the firm. Let him know the above but he stated he does not know anyone who own the black pick up truck or two tall guys with shovels. He made it sound like I was making story up and he would not apologize.

I received the voice mail from the person who stated he owns the company, but it was not clear of what he said. I called him, and he stated one of the guy is a contractor, and the other guy works for him. They admitted that they walked in the yard. He stated it should not happen after the homeowner identified this is their property but it happened. He did not offer any remedy.

Attorney Answers 3

Posted

If the people did not damage your property, it is unlikely that you would be able to recover any money for their trespass. If the trespass onto your property occurs again, you may want to consult an experienced real estate lawyer in your area about the remedies that are available to you.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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Asker

Posted

I observed some damages in my yard, but I do not know how to tell how much is the damages. Should I hire someone to do the measurement or simply hired an attorney to handle it because it is not the first time the same company walked in our yard without asked.

Sean Michael Murrell

Sean Michael Murrell

Posted

As Mr. Deason mentioned above, the key to a civil claim would be what damages you have suffered as a result of this. When you say your property was "damaged", what do you mean? There are possible remedies to get a court to prevent these guys from coming onto your property, but that is not likely to be worth what it would cost you to pursue; and that's if a court even granted it. I'm not sure I understand exactly what you're hoping an attorney can do for you. Can you explain more about the situation? Is it really your neighbor that you are frustrated with?

Posted

If it keeps occurring you could possibly file in county court a claim for breach of your "quiet enjoyment" of your home based on the neighbors GC continuing to disturb your residency by trespassing. If it were me I would draft a letter to them to provide proper notice and if they fail to change the conduct the court could step in. Note: if your in good relations with your neighbor talk to them again and see if they can rectify. I believe in alternative dispute resolutions on situations like this unless the trespassing party ( GC) and homeowner refuse to stop the conduct then you should file quiet enjoyment claim. Hope this helps- Bill

DISCLAIMER: This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Kassebaum, Robinson & Abelairas, P.A. We encourage and welcome you to contact us about your legal problems and visit our website at www.kralawyers.com or email me at bill@kralawyers.com

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Posted

I observed some damages in my yard, but I do not know how to tell how much is the damages. Should I hire someone to do the measurement or simply hired an attorney to handle it because it is not the first time the same company walked in our yard without asked.

William H. Kassebaum

William H. Kassebaum

Posted

That's entirely up to you. How long will the GC be working there? If they continue get an attorney to negotiate payment for use of your property.

Posted

What damage are they causing when they walk through your yard? Sure, looking at it very technically, you do have a right to prevent someone from coming on your property (including your yard); but from a realistic perspective, what harm are they causing by walking across your yard? If your property isn't being damaged, then it's highly unlikely that you have any civil claim that would be worth the time and money to pursue.

The information shared at this site should not be relied on as legal advice, nor does it form an attorney/client relationship. For further information, please visit www.Murrell-Law.com.

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