What does my next door neighbor have to do?

[Biscuits]

Originally Posted by AusParent

I called APD today to get clarification on how trespassing is actually addressed. Here is what is needed to cite someone. It basically boils down to what will hold in court.

You have to have physical evidence, like a photo or video. A witness may be seen as biased in court. There has to be some form of notice of boundaries. A written warning by the police or by the property owner (with proof of delivery) is the best form. Again, it is hard to prove an oral warning in court. A fence is a softer form of notice, meaning that it only invokes trespassing in certain circumstances: evidence of criminal intent or evidence of a pattern of trespassing. Criminal intent can include someone's mere presence in your fence if it occurs at night time. A defendant can also claim in court that oral permission was granted or implied. A no-trespass sign posted on the fence is also a softer form of notice. A defendant can also claim in court that a sign wasn't present or visible.

Hope this helps.

I don't doubt that is what someone at APD told you but I don't see anywhere in the statute that one form of notice is "softer" or less binding than another.

If I climb my neighbor's fence - or remove it - and start wandering around his property, simply because I am nosy, bored, or want a closer view of his wife sunbathing, I am clearly committing criminal trespass.

How that is proved is another matter and would apply the same to all acts of criminal trespass regardless of if the notice was in the form of a fence or a written warning hand delivered by the Attorney General.

[CarnivalGal]

I don't see why you can't file a police report basically stating that someone came onto your property and caused damage to it.

[XLadylawX]

Would love to hear from the OP on what happened.

[ROY DUBOSE]

why don't you call the contractor and share the problem they've created and give him a chance to make it right? if that don't work, have a detailed face to face with your neighbor n have him sign your request list -- provide him a copy - let him prove what kind of person he is before jumping to conclusions

[Trainwreck20]

All I can add (which isn't much) is that it doesn't sound like your neighbor is confrontational or beligerant at this point, so that is good. It sounds like he may be willing to right things w/o law enforcement, so while you should document things - and let him know in a friendly way that you are, to protect your rights - I would try to work it out on a 1 on 1 level first.