What steps can I takego to keep the neighbors’ kids out of our yard?

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What steps can I takego to keep the neighbors’ kids out of our yard?

The neighbors’ kids play in the street out front and are constantly in and out of our yard chasing down balls from their errant kicks/throws. I have talked to the kids (middle school through high school age) and their parents, who have assured me they will get their kids to stop. However, the result is miniscule. At times they leave items (balls, shoes, trash) in the yard. Am I allowed by law while cleaning up my yard simply to collect and discard these items in the trash, and/or take the toys to Goodwill?

Asked on October 21, 2010 under Real Estate Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am unsure if this is a landlord tenant matter but I will see if I can figure this out.  If you have a yard and that yard is not a common right of way or common public property (i.e., by city or town or county property survey this is your private property), you can certainly inform the children kindly or better to remind their parents that you do not wish for them to constantly go onto your property because trash is left or too much noise creates a nuisance for you.  If they leave those items the kinder act may simply be to gather them and give them to the parents to sort through.  If you constantly experience the children leaving items, state law may not simply allow you to throw these items away if a) you know these are not abandoned items and b) you know they are simply not lost but really are just the result of careless actions.  If you throw the items away or give them away or even sell them, the parents may consider those acts as acts of conversion and or a taking and might be able to sue you for their value.


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