We just bought a property in right next to a high school. When we looked at the property it was on the weekend and we did not know that there is a major problem of kids smoking on our property as they cannot smoke on school grounds. My husband could not get into our driveway the last week of school because they refused to get off the driveway. My husband ended up in a major argument with one of the kids.
The driveway has an easement for the neighbors house and they think its a street. I suggested to my husband to have the sprinklers running once school starts again to keep them off the property. I was wondering if anyone else has suggestions. We already have a meeting with the school principle set up to try to ban this behavior.
2011-07-18T19:59:25Z
We live in NJ.
ca_surveyor2011-07-18T14:12:09Z
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You did not say what state you are in, however most states place responsibility for the students with the school from the morning bell until the end of classes.
As such, your first venue is to complain to the school via a letter to the board as well as the principal. I know you are meeting with the principal, but present him with the written letter at the same time. This serves as proof of your intent to maintain your rights.
Your husband will not win any arguement with a student.. he either comes off as a crazy person or as a bully.. he needs to take another course.
It starts with reading the easement document and understanding what your rights and obligations are under it.
1) Post the driveway as private property (after all it is). Use signs that comply with your local law regarding notification, can withstand vandalism, and are high enough to make it hard to remove but clearly visible Once that is done you can call the police and file trespass complaints. Go there armed with a camera and provide the photographs to the police so that they have no excuse not to follow up on the complaints. This is actually important because if you do not exercise your rights to the property it WILL become a public road via prescriptive use.
2) Consider fencing in the easement. If the easement is for ingress and egress to the neighbors property, you can generally put in a gate and supply them with a key and still be within the requirements of the easement. You simply can not deny them access or use of the area. Who knows, they may even help share the costs since they have potential liability exposure.
3) About that exposure.. make sure you send a letter of your concern to the neighbor. Especially if part of the easement requirements are his obligation to keep the area clear and in good condition (allowing trespass is no likely one of the rights I suspect).
4) If the easement is for EXCLUSIVE use, then the matter is moot. You have no rights over the land whatsoever and the problem is the neighbor's not yours.
Running the sprinklers is a poor choice.. you will simply find them vandalized shortly thereafter. You need to take definitive action.
search for acquaintances and kin for a video digital camera to borrow. capture it on tape. it style of appears like a small component now, yet commence with trespassing and who's conscious the position those youngsters finally end up. so that you'll sense undesirable, bypass to the police, tape in hand, and ask for some help. it is your resources, you've rights, jointly with the right to ask for help in implementing your rights. extra witnesses is continually extra ideal than fewer. Invite acquaintances over to observe as you capture all of it on movie. yet do no longer CONFRONT all people.! Confrontations continually bypass nowhere in a court docket. basically make a tape, and allow that talk for you.
If it's your property and the kids wont move, CALL THE COPS! Simple as that. Give the kids a chance; if they dont want to take it, then it's their fault for getting charged for trespassing.
I would call the police. They are trespassing, and have already been warned. Goodluck. It may serve you well to video record any future contact with the kids.