I just moved into my (first) home about 3 months ago. A few days when I was home early enough, I noticed a neighborhood school girl that lives behind my house, cutting through my yard, to get to her house. I now have taken noticed the parents had a door placed in the back of the fence so she can cut through. Possibly the lady that lived here before allowed it but I'm not keen on the idea of a kid coming up on my property so she can get to her house faster. Is this legal that she does this?
You have the right to order her off your property, and to go to the police if she doesn't cease.
At which point you will be the scourge of the neighborhood. It's up to you what you would rather live with.
I agree with Mr. Thomas as to the right to order her off the property. However, I would like to offer an alternative suggestion. Perhaps you should introduce yourself to the neighbor and explain that you do not want the girl to walk through your property.
My other question is why you want it to stop. If it is damaging your property, you may wish to spell that out to the parents. If it is because you dont want the girl to get hurt on your property, you can explain that as well. Parents receive the "I don't want your child to be hurt" argument much better than the "your child annoys me" argument.
You may even suggest that you will be making an improvement to that part of the property in the near future and there may be a risk of holes, etc.
If that doesn't work, you may want to consider a fence on your side.
If all else fails, put up a no trespassing sign, send the parents a letter indicating that she is not permitted to cross and be prepared to enforce it. In that case, you may become the neighborhood pariah. But, it also stops the problem.
Both of my colleagues bring up excellent points. I would like to shhare another. As stated before, it is your right to refuse entry on your property. I can undeerstand why I homeownner wouldn't want children on thier property. This is a simple liability issue. If you allow that girl to continually cross your property then she may be considered a known trespasser which receives some additional protections under the law in the event she were to be injured on your land.
With that being said, I think it would be prudent to introduce yourself to the neighbors and explain the situation. Unfortunately, just because some tells you they would never sue if their little girl were to get hurt, doesn't mean they would actually follow through with that promise. I've seen it before in another state.
Best of Luck!
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