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Would someone really have the nerve to sue for injuries that occurred while they were trespassing?
If they don't have health insurance (or have it but with a big deductible), or think they might somehow get away with a big "payday" at Corporate America's expense?
Yer darn tootin' they would, LOL
Doesn't mean they will win (they probably won't, unless the neighbor's lawyer claims that "the OP knew that my client was regularly cutting their lawn but took no physical steps to prevent it, i.e., they erected no barrier and posted no signs, and gave no written direction to not cut their lawn, thereby giving implied permission for my client to continue to enter their property") but people file frivolous lawsuits all the time.
If they have the nerve to trespass in the first place, and try to pass it off as being neighborly, I don't see why not. ...
Perhaps you can phone someone from your homeowner's insurance company, explain the situation & the actions you've taken, & ask for their advice. It does not appear you want to hurt this neighbor in any way ~ you seem to be more interested in 'damage control' i.e. you just want her to stop mowing your lawn.
Personal injury laws differ from state to state however in some jurisdictions you would be liable if she is injured on your property despite the fact that she is trespassing.
It doesn't seem prudent to trust this neighbor, you may need to protect your own interests here.
I disagree with the advice here saying tell her to stop mowing your lawn and invite her for coffee/lunch/shopping. Since she seems fairly clueless, that's going to send her mixed messages. If you've politely told her twice to cease and desist, the next time send her a certified letter, signature required, telling her to stop and if she doesn't, you will call the police. And don't be afraid to follow up with the police notification and photos of her mowing job if it happens after that. But a "Oh, no, sweetie, please don't do that again, and here, have another cookie" is unlikely to keep her mower off your lawn.
And the last thing I'd do is notify your insurance company about a potential problem without taking some documented measures to stop it. Because if you do get sued, your insurance company will say sorry, you knew this was a problem and did nothing to mitigate it as required in your policy, so you're not covered.
And the last thing I'd do is notify your insurance company about a potential problem without taking some documented measures to stop it. Because if you do get sued, your insurance company will say sorry, you knew this was a problem and did nothing to mitigate it as required in your policy, so you're not covered.
Bingo.
OP, your username indicates that you used to live in the NYC metro area, so you're no doubt aware of how litigious some people can be. Even if not at first, all it takes is some other person putting a bug in their ear with an "idea" about it. CYA is always the name of the game.....
Also, here's another thought: Rather than go to the expense of a fence or row of shrubs, how about some edging (perhaps the black powder coating aluminum type) along that property line instead? If it extends a couple of inches above the grass level, perhaps she'd hesitate to run her mower over it and risk damaging it. Or something 'decorative but not permanent' like these:
They are not as high as a fence but I can't imagine she'd run a mower through them. Of course if you hate the look, that's not an option. How long of a shared property line is it?
Last edited by BBCjunkie; 10-12-2019 at 06:03 PM..
Yes thats happend several times..... Thats one GOOD REASON not to let them on your property...
Personally, I think the OP is being reasonable, her neighbor is not being reasonable. Her neighbor's behavior is not reasonable nor is it 'neighborly'.
I came home one day and realized someone had run a mower (badly) across most of my front lawn, chewed up my edging on the end, and left what they didn't feel like doing. I could think of only one person who would do it and that's my 70+ year old next door widow. I wondered why on earth and left her a message saying thanks (I think) if you mowed part of my lawn. But what would have possessed you to do it?
We spoke to her and she said something noncommittal like we're neighbors, I have your back, blah blah. My husband told her it's just not right, we should be doing yours if you need it, not this way around. He told ME she massacred down to half an inch like her own yard and he hates it. He told her not to do it, he'd take care of it.
Well, Saturday we were up early on our way somewhere and what do we see out the window? The neighbor lady and her mower making short (ha ha) work of our front lawn. I said what should we do? Husband said let me go in the other room where I can't watch and think of what to say. Why does she have to make an issue? Why can't she just leave it alone?
So that's what's got me. Why can't she leave my lawn alone? Is it an eyesore? Is it bringing down the property value of her house? Is she bored? Lonely? Needing exercise? And how on earth do we handle this? Whatever her reason, she's polite, doesn't say well it looked horrid or anything like that. When I said I didn't mind, she seemed almost happy, but the husband wasn't having it. If she told me the truth, I'd know how to deal with it but it makes no sense otherwise.
Your neighbor is not the problem, YOU are the problem. You are being totally weak by not coming right out and telling her to never cut your grass again. You have, by your unwillingness (and your husband's unwillingness) to be firm with her, given her the idea that you are just not wanting her to go out of her way to help you by mowing.
Your lawn, your rules. Time to put on your big girl pants and tell her to never do it again, period. God gave us a mouth for a reason, use it.
She is passive-aggressively telling you she doesn't like the way your lawn looks.
Tell her you don't like the way she is mowing your lawn and she is not welcome to do it.
The end.
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