Neighbor’s encroachment on property

UPDATED: Oct 1, 2022

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Neighbor’s encroachment on property

I live in OH and had a registered land
surveyor mark my property lines. What
can I do if my neighbor continues
mowing part of my property despite the
marked property lines despite my
written note to him telling him to stop.

Asked on September 4, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your only two recourse, and both are drastic in their own ways:
1) You could call the police on him for trespassing when he does this; if you do this, you'd be well advised to film/video him doing this. He is not allowed to be on your land against your will. So if you are willing to call the police on your neighbor, you could do this.
2) You could file a lawsuit against your neighbor for the trespass and seek a court order requiring him to stop doing this on pain of punishment (being found in "contempt of court" for violating an order). Suing your neighbor, like calling the police on them, can be a drastic solution.
Those, unfortunately, are your only options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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