Our neighbor states his fence is 8in inside his property line, (this could be true) can we restrict him from accessing to the 8 in. thru our property?

Neighbor then put 5 “no trespassing” signs along the fence between our back yards. We professionally landscaped the yard and put a tree/bush natural border running along side the fence on our property side. He now does not want the landscape mulch on his 8 inches. Neighbor can not reasonably take care of the 8in so he stomps through our property bending the bushes and arborvitaes to check his 8in and complain about mulch. Can we restrict him from our property so that in order to get to his 8in he has to go through his own fence? Obviously water & tree limbs are also issues with him.

Asked on July 6, 2009 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What's sauce for the goose is sauce for the gander. Just as your neighbor can object to your mulch getting on his property, you have the right to prevent him from going on your property. You would need to put him on notice somehow that you will no longer allow him to access your property (since he has been doing that it seems, you need to tell him that it's no longer allowed). If he says that he can't care for his property without some access, then you and he can negotiate/work out something that works for both of you.

But getting back to your original question: it is your land, so unless there was some easement or right existing for him to access it (which would be on your deed if it exists), you can tell him to keep out.


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