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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6875
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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What is your recommendation? We have an approximate 6 feet

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What is your recommendation?

We have an approximate 6 feet tall wall on our property that divides us from the rental next door and the children climbs on our wall and chalks the wall on their side.

We have informed the tenant and her children to stop climbing and marking the wall several times with chalk. They still continue to climb and mark our wall.

We just notified the Property management company by phone and will send a letter in writing of our concerns.
Hello and thank you for your question. If the wall is on your property the children are trespassing. Would you consider contacting the police or filing suit against the renters?
Customer: replied 3 years ago.

We will consider contacting the police. Filing a suit against the renters will not do anything.


We will also contact the owner of the property, who lives in New York.



There is no question that this is not permitted. I am also concerned that the children could injure themselves and try to bring an action against you as the owner. You may wish to post no trespassing signs and make it clear that the fence is private property.

This is the law in Hawaii

Hawaii Statutes - Section 708-815: Simple trespass.

(1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.

(2) Simple trespass is a violation.

You may wish to send the owners a certified letter return receipt requested letting them know that the continued trespass on the part of the neighbors will result in you filing an action against the renters and the owners.

I would suggest taking all of the above actions. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Attyadvisor and other Real Estate Law Specialists are ready to help you
Thank you.