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Delta-Lawyer, Attorney
Category: Legal
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Experience:  10 years practicing IP law and general litigation
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I have a side driveway. since I moved in 10 years ago, the

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I have a side driveway. since I moved in 10 years ago, the neighbor next to the side driveway has been parking their car in this driveway on and off, never having bothered to introduce themselves or ask permission. Not only them, but also various family members. Not wanting to get in a confrontation, we asked them to please stop, but they continued, so after about 5 years, we called the cops. They were outraged (!), but stopped. Last year, I bought a basketball hoop for this driveway for my young sons, and within the hour, the neighbor's kid is playing there, again without ever asking. When we asked him to stop his Mom comes out crying and begs us to let him play there when our kids are not there. My husband reluctantly agreed to this. I came home one day to find ten kids on my driveway ( this was going on for awhile) and by summers end, the hoop was broken. This year we bought a new hoop,. and we told the kid that he is no longer welcome to play there. Not only does he continue but he also plays ball against the new fence we just put up. We told him that we will call the police if we catch him there again and we told the Mom the same thing. I have been told that when we are not home, as we both, work, the kid is there again with friends. How do I get rid of these people? We put up a fence between our driveway and their property and a No Trespassing sign, which they took down. What recourse do I have here?
I hope this message finds you well, present circumstances excluded. First off, I am amazed at your patience with this situation. You are to be commended for acting as patiently as you have given the circumstances. That said, there are ways to handle this situation.

First, the next time they infringe upon your property, call the police. This will establish a present day police record of the police having to intercede on your behalf and may work to control the problem in the process (although that appears to be unlikely). The police report may be important if things persist.

If after calling the police for the trespass, things to not cease or you have other issues with the neighbors, you need to send them a certified letter with a return receipt which officially puts them on legal notice of your intentions if things don't stop. Tell them you will seek any and all remedies at law, including but not limited to, a restraining order plus court costs and attorney fees. The reason you mail something to your neighbor in certified fashion is because you then have proof that they received the notice should court be necessary.

If after giving official legal notice the people continue to violate your rights, you will be forced to seek an injunction against them or restraining order. You can introduce as evidence the police report as well as the legal notice in letter form to show your plight and reasonableness in handling the measure. The court will view this very favorably.

In summary, three steps: police, legal notice, and then injunction or restraining order. If they violate the restraining order, they can be jailed and fined.

Let me know if you have any other questions or comments.

Best wishes going forward!
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