What is the law for someone to come into your property to fix their house if they have a citation?

I own my property and there is a fence dividing me and my neighbor’s house. They’re close together and he would need to get into my yard to fix his house. He just gave me a 24-hour notice for a citation to get in. Am I able to counter this in any way? We’ve been having problems for years where he refuses to cut down a tree that’s been damaging my property and after several encounters he still refuses to do anything about it. I want to know what my rights are as a homeowner and what this citation means and what would happen if I refuse it.

Asked on July 17, 2012 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your neighbor that you are not particularly fond of has no easement rights as to your property he or she has no legal right to come onto your property so that access can be made to to his home for repairs.

If you do not want him or her on your property you should state such and ask for some paper work showing how access if allowed besides the citation that you have written about. Once received, read all documents carefully and consult with a real estate attorney about the situation you are writing about.

From what you have written, I know of no "citation" allowing one who does not have an easement to come onto another's property.

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