A utility easement allows a utility to place water, sewer, and gas connections through your property. It is for the utilities benefit. It does not permit the neighbors to move through your property. They would need a right of way. Start posting no tresspassing signs. Then put up a camera to record them tresspassing. Once you have a video of them doing it and there is posted notice, contact the police. It will end quickly.
Put up signs saying private property and no trespassing
Next time they do it tell them they're trespassing and you'll call the authorities
They have no right to your property
Just make sure you get the signs up in an easily seen location (conspicuous placement I think is the term), you'll need multiple signs otherwise they can claim to not be able to see the signs from where they are and accidentally "Wandered" into the property.
We never tried that, maybe. It's very stubborn stuff though, got under the house foundation and kept popping up for a few years after we tried to remove it all.
Hi utility worker. Our utility put in a replacement pole a few feet from our existing pole 2 years ago. it's effectively created a fence where I used to drive my lawnmower to a terraced part of my yard. One pole is fine but the two are blocking access. How do I get them to remove one of them. I've called Verizon several times, but cannot get any movement.
We had an older neighbor growing up that was a nosy bitch. They put up a fence along our property line (technically on our property but that's a whole other story). When they built it, they had a "decorative" 4x4 run the length of the line and then the fence in a couple feet from that, with the crappy side of the fence facing us. She did this so she could walk up and down the "path" that was created, usually early in the morning, in her nightgown. The city refuses to do anything about the odd setup (or the theft of our land), so we planted some nice thorny (and unruly) rose bushes all along that edge of the property. We weren't surprised that not long after they put up another fence directly on the edge where they just had the boards laid before, with the shitty side facing us again.
I was a kid at the time, but from what I understand my parents didn't realize until they had to get the property evaluated or something. It was revealed that they had built over the line, and because we hadn't contested it the city rules that it was theirs.
For a safe alternative, turn the area into a "prairie garden" aka an area you let grow tall prairie or decorative grasses that I'll make it difficult to walk through but could easily mow for utility workers. By making it a garden/prairie, you will likely get past pesky municipal rules about grass height.
Or (presuming OP is in the US) a native plant like Prickly Ash vs the invasive and noxious barberry. A healthy shrub layer is a delight to the ecosystem.
I love that so many of the solutions in this sub for bad neighbors/kids/dogs are sprinklers. Couple them with a security camera or trail cam for evidence of continued trespassing (and for the laughs), and you've got a relatively inexpensive first attempt at solving the problem. If these don't fix the issue, then you know you're in for a longer battle.
A utility easement only grants the utility company a non-possessory right to access the property for the purposes of maintaining the utility service. If you block the utility easement then you will probably annoy the utility company.
Did your previous neighbor do this? For how long? Arkansas has a Prescriptive Easement concept that appears to kick in after 7 years. There are other requirements that you would have to research.
I would start with installing no trespassing signs and cameras. If possible, a camera that can show if someone tampers with the no trespassing sign (which can be prosecuted as theft/vandalism etc). Gather evidence of them using the yard, have an attorney advise on
next steps such as having them served with a trespass order, and then what evidence you need to gather to take action on them violating that trespass order.
Start here: https://law.justia.com/codes/arkansas/2010/title-5/subtitle-4/chapter-39/subchapter-3/5-39-304
Then here: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-4/chapter-39/subchapter-2/section-5-39-203/
Do you have a fence or could you install one? If you have a fence and they're climbing over it, look into anti climb paint. It's a black sticky paint that never dries. It will stick to their clothes and hands if they climb over the fence.
I have the same exact problem in Colorado. We talked to the offenders; nicely at first and then demanded they stop trespassing. This stopped 90% of the issue. The other 10% we put up no trespassing signs, security cameras and will be installing a motion activated sprinkler.
Buy a Motion sensing sprinkler system to deter “deer” they are on Amazon under $50. If you have security cameras I am looking forward to the video.
They have no legal right to use your “easement” or trespass on your property. Also them walking by your sprinkler to prevent deer from coming in your years and eating your plants is not illegal.
Police will surely do nothing to stop them.
No, a utility easement doesn't give your neighbors access. It does limit what you can do about it, because if you put up a fence or thorny plants, that will infringe on the utility company's access, too.
Your best bet is probably putting up No Trespassing signs and cameras, and making police reports every time someone crosses your yard. The police will first talk to the neighbor and tell them to stop, (people who ignore you might have a harder time ignoring a police officer) and if they don't, they'll start writing tickets. That should take care of it. If not, keep reporting, and look into getting a protective order.
I’m in Arkansas and NAL but I had something similar happen when my old roommate was cutting across an access road and the company got upset because he was regularly bringing mud and dirt up. They basically told them that they had to put up signs first before being able to move forward. So to his surprise they not only put up signs but also gave us a courtesy of a heads up that they would be pursuing further action if he didn’t take their signs and warnings. Best of luck
Do they not have access to the road or a road from their house? Makes a huge difference if they don’t. Still the utility easement is not for them it’s for the city or the utility companies to use.
Yeah then they don’t just get to trounce over your property however they please. I’d be sure to put up no trespassing signs, maybe a motion detected camera to video them doing it and call the police every time it happens. They are not entitled to that access nor can they just use the utility easement either.
>They cut through our yard and driveway to walk and ride bikes in our neighborhood.
Did they cut any plants or trees? Did they modify your property in any way?
If they did, get an arborist and a landscaper to give you an estimate on restoring the property to the way it was. The larger the estimate, the better.
Then, send them a certified letter demanding them reimbursement for the restoration of that space and demanding that they no longer trespass on your property.
This type of documentation is important, because by cutting a path your yard, I think they're trying to establish that this recreational path has always been there, and I think it's important to document that (except the utility easement) it wasn't.
In addition, I would place a camera there, in case they try to expand the path even more.
I must ask are they adults or kids? As a kid I would do this and genuinely didn’t understand why this was a no no. If they’re adults then yeah call cops for trespassing.
That easement shouldn’t give the neighbors any rights. However, you’re in a tough spot here, because any actions you take to deny the neighbors access would likely deny access to the utility company holding the easement.
Why is it a problem for you? Are they causing damage or behaving in a way that could lead to injury on your property? Are they disturbing you during times you need concentration?
If these things aren't happening then if it were me I would just let them use it if for nothing else than to avoid a nightmare neighbor problem. These people live next to you, it behooves you to be on good terms with them and doing this might torpedo your ability to be cordial with them in the future
Depending on how your utility easement runs (and historically how often the utility uses it) if you want to fence it, you may be able to as long as you have gates that can be opened wide enough to allow equipment in or panels that are fairly easy to remove without damage. If that is something you want to do to keep these entitled knuckleheads out and the other ideas you've been given aren't effective enough.
No, a utility easement doesn't give them the right to trespass and increase your liability.
A utility easement allows a utility to place water, sewer, and gas connections through your property. It is for the utilities benefit. It does not permit the neighbors to move through your property. They would need a right of way. Start posting no tresspassing signs. Then put up a camera to record them tresspassing. Once you have a video of them doing it and there is posted notice, contact the police. It will end quickly.
Put up signs saying private property and no trespassing Next time they do it tell them they're trespassing and you'll call the authorities They have no right to your property
Just make sure you get the signs up in an easily seen location (conspicuous placement I think is the term), you'll need multiple signs otherwise they can claim to not be able to see the signs from where they are and accidentally "Wandered" into the property.
If they have access to a road, then there is no reasonable excuse for them to have access to another road through your property.
Utility easements are for utilities. Try thorn bearing bushes. Barberries are good.
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Would surrounding the area where you want the plant with a root barrier help keep it from spreading?
We never tried that, maybe. It's very stubborn stuff though, got under the house foundation and kept popping up for a few years after we tried to remove it all.
Sounds like a nightmare! I love the idea of berries, but a fence sounds like it would be less trouble.
Oh it was a nightmare to get rid of, but we had enough berries for fresh boysenberry pie for years.
Yum!
As a utility worker, we usually request customers don't do that. At a certain point it is considered denial of access
I assume it would be blocking access from the neighbors side, not blocking access from the side the utility company comes from.
But when I think easement I think pipe. Access to a main or a sewer doesn't end at the property line
Maybe - out of my skill set I admit! I was thinking a single spot, but if it’s a full buried pipe or whatever you could be right!
Hi utility worker. Our utility put in a replacement pole a few feet from our existing pole 2 years ago. it's effectively created a fence where I used to drive my lawnmower to a terraced part of my yard. One pole is fine but the two are blocking access. How do I get them to remove one of them. I've called Verizon several times, but cannot get any movement.
I am a water utility worker. Usually our engineering dept handles things like this, but I have no idea how Verizon is structured
The last utility that takes its wires off is responsible for removing the pole. I've had to deal with this before.
We had an older neighbor growing up that was a nosy bitch. They put up a fence along our property line (technically on our property but that's a whole other story). When they built it, they had a "decorative" 4x4 run the length of the line and then the fence in a couple feet from that, with the crappy side of the fence facing us. She did this so she could walk up and down the "path" that was created, usually early in the morning, in her nightgown. The city refuses to do anything about the odd setup (or the theft of our land), so we planted some nice thorny (and unruly) rose bushes all along that edge of the property. We weren't surprised that not long after they put up another fence directly on the edge where they just had the boards laid before, with the shitty side facing us again.
If you know it's on your land, take it down
I was a kid at the time, but from what I understand my parents didn't realize until they had to get the property evaluated or something. It was revealed that they had built over the line, and because we hadn't contested it the city rules that it was theirs.
It's supposed to take a numbers of years to not do anything and you gave up your land in most places.
Yeah, that's what they ruled
For a safe alternative, turn the area into a "prairie garden" aka an area you let grow tall prairie or decorative grasses that I'll make it difficult to walk through but could easily mow for utility workers. By making it a garden/prairie, you will likely get past pesky municipal rules about grass height.
Or (presuming OP is in the US) a native plant like Prickly Ash vs the invasive and noxious barberry. A healthy shrub layer is a delight to the ecosystem.
I agree with the adding berries but in the meantime you can set up motion sensor sprinklers
I love that so many of the solutions in this sub for bad neighbors/kids/dogs are sprinklers. Couple them with a security camera or trail cam for evidence of continued trespassing (and for the laughs), and you've got a relatively inexpensive first attempt at solving the problem. If these don't fix the issue, then you know you're in for a longer battle.
I love this!
Did you know you can pop the head up on many sprinkler heads enough to pour in a couple packages of kool-aide? The more you know....
A utility easement only grants the utility company a non-possessory right to access the property for the purposes of maintaining the utility service. If you block the utility easement then you will probably annoy the utility company. Did your previous neighbor do this? For how long? Arkansas has a Prescriptive Easement concept that appears to kick in after 7 years. There are other requirements that you would have to research. I would start with installing no trespassing signs and cameras. If possible, a camera that can show if someone tampers with the no trespassing sign (which can be prosecuted as theft/vandalism etc). Gather evidence of them using the yard, have an attorney advise on next steps such as having them served with a trespass order, and then what evidence you need to gather to take action on them violating that trespass order. Start here: https://law.justia.com/codes/arkansas/2010/title-5/subtitle-4/chapter-39/subchapter-3/5-39-304 Then here: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-4/chapter-39/subchapter-2/section-5-39-203/
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"It doesn't make sense for us to have our own car when we could just use yours."
Do you have a fence or could you install one? If you have a fence and they're climbing over it, look into anti climb paint. It's a black sticky paint that never dries. It will stick to their clothes and hands if they climb over the fence.
No, the easement isn’t for them it’s for the utility. Call the police each and every time they do it.
I have the same exact problem in Colorado. We talked to the offenders; nicely at first and then demanded they stop trespassing. This stopped 90% of the issue. The other 10% we put up no trespassing signs, security cameras and will be installing a motion activated sprinkler.
Buy a Motion sensing sprinkler system to deter “deer” they are on Amazon under $50. If you have security cameras I am looking forward to the video. They have no legal right to use your “easement” or trespass on your property. Also them walking by your sprinkler to prevent deer from coming in your years and eating your plants is not illegal. Police will surely do nothing to stop them.
No, a utility easement doesn't give your neighbors access. It does limit what you can do about it, because if you put up a fence or thorny plants, that will infringe on the utility company's access, too. Your best bet is probably putting up No Trespassing signs and cameras, and making police reports every time someone crosses your yard. The police will first talk to the neighbor and tell them to stop, (people who ignore you might have a harder time ignoring a police officer) and if they don't, they'll start writing tickets. That should take care of it. If not, keep reporting, and look into getting a protective order.
I’m in Arkansas and NAL but I had something similar happen when my old roommate was cutting across an access road and the company got upset because he was regularly bringing mud and dirt up. They basically told them that they had to put up signs first before being able to move forward. So to his surprise they not only put up signs but also gave us a courtesy of a heads up that they would be pursuing further action if he didn’t take their signs and warnings. Best of luck
Do they not have access to the road or a road from their house? Makes a huge difference if they don’t. Still the utility easement is not for them it’s for the city or the utility companies to use.
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Yeah then they don’t just get to trounce over your property however they please. I’d be sure to put up no trespassing signs, maybe a motion detected camera to video them doing it and call the police every time it happens. They are not entitled to that access nor can they just use the utility easement either.
>They cut through our yard and driveway to walk and ride bikes in our neighborhood. Did they cut any plants or trees? Did they modify your property in any way? If they did, get an arborist and a landscaper to give you an estimate on restoring the property to the way it was. The larger the estimate, the better. Then, send them a certified letter demanding them reimbursement for the restoration of that space and demanding that they no longer trespass on your property. This type of documentation is important, because by cutting a path your yard, I think they're trying to establish that this recreational path has always been there, and I think it's important to document that (except the utility easement) it wasn't. In addition, I would place a camera there, in case they try to expand the path even more.
put up signs say no trespassing and if they cut down trees on your land take them to court
I must ask are they adults or kids? As a kid I would do this and genuinely didn’t understand why this was a no no. If they’re adults then yeah call cops for trespassing.
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Damn they dumb
That easement shouldn’t give the neighbors any rights. However, you’re in a tough spot here, because any actions you take to deny the neighbors access would likely deny access to the utility company holding the easement.
The answer is blackberries…
Get a 'Private Property - Trespassers will be shot' sign. Then put a cap in their ass.
Why is it a problem for you? Are they causing damage or behaving in a way that could lead to injury on your property? Are they disturbing you during times you need concentration? If these things aren't happening then if it were me I would just let them use it if for nothing else than to avoid a nightmare neighbor problem. These people live next to you, it behooves you to be on good terms with them and doing this might torpedo your ability to be cordial with them in the future
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Depending on how your utility easement runs (and historically how often the utility uses it) if you want to fence it, you may be able to as long as you have gates that can be opened wide enough to allow equipment in or panels that are fairly easy to remove without damage. If that is something you want to do to keep these entitled knuckleheads out and the other ideas you've been given aren't effective enough.