# News & Current Events > Individual Rights Violations: Case Studies >  Neighbor Littering on my Private Property - what to do?

## tfurrh

This has been an ongoing problem for the last year; a heavy problem for the last 5 months. My neighbor (a renter) is a 'scrapper.' He collects junk & salvages the metal, then cashes that in at our city's srapyard. His yard is FILLED with crap. Now, it's ugly, but whatever as long as it's on his yard. My problem is that I have to pick up a bag full of his trash every day off of my lawn! There is a chain link fence dividing us, but now he's chained a dog to it, and the dog pushes even more of the trash through the fence. Today I picked up a tire! What do I do? I've talked, yelled, reasoned with my neighbors. I've talked, yelled, reasoned with the property owner. I don't want to call the police, but I do feel that my rights as a private property owner have been consistantly violated. What approach should I take next. If I do call the police, what should I say? What can be done?

Thanks all.

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## The Goat

next time the wind is blowing toward his house burn all that trash so the fumes encompass his house. that tire should do the trick. XD

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## The Goat

Also who's fence is it? if its his fence you need to get your self a privacy fence. if its yours tell him to get his damn dog off of it.

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## Kluge

Can you pile all the trash that gets into your yard on his front yard?

Whatever happens, take pictures of everything and document it--just in case you end up in small claims court or something.

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## WhistlinDave

I would call city code enforcement.  When I was a real estate agent a couple years back, I had a great listing that we just couldn't sell because the next door neighbor sounds just like yours.  We tried asking nicely for them to clean up the yard and all the junk several times.  They kept saying they would.  Then we started offering to help them clean it up.  The owner (of the property I was selling) and I offered to split the cost with them to bring in a crew to clean it all up.  They said "Oh, we'll do it this weekend."  Two weeks went by and nothing.  Then we offered to handle the entire cost of it for them if they would just let us clean up the yard.  They still said "We'll do it."  This whole thing went on for over 2 months and we gave them every opportunity to work with us until finally I called the city on them.

The city cited them, and then they had to clean up or be subjected to heavy fines.  There were multiple code violations.

Finally they cleaned everything up, and the following weekend we got a few offers and got the property sold.  Of course we had to disclose everything that occurred with the neighbor, but the buyer was fine with it all and thankful to know the city was willing to get involved when the neighbor shirked their responsibility.

Bottom line, if their practices are infringing on YOUR property, and YOUR liberty, then you have every right to get authorities involved to stop it.  If the renter is too rude, and the owner is too stupid to do anything about it, then they get what's coming to them.  You tried to be nice and do things neighbor to neighbor, and if they try to get mad at you then remind them of this.  They are the ones being $#@!s, not you.

Call your city and make a complaint, because chances are there are code violations there and they will be forced to clean it up and stop.  If that doesn't work, you might be able to take the owner to small claims court for damages and/or seeking an injunction of some kind.  If you go that route, make sure you have written correspondence from you to the owner so you can prove you have made every effort to solve the situation before resorting to litigation.  Courts are much more likely to rule in your favor in a civil case if they see you tried to solve the problem on your own first, in a reasonable manner.

Also--I agree with Kluge, take photos and document everything that's going on.

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## tfurrh

> Also who's fence is it? if its his fence you need to get your self a privacy fence. if its yours tell him to get his damn dog off of it.


It's his fence (or the land owner's), but the damn fence has been around since before either of us bought either property. I just talked to the land owner again, he said he'd split a privacy fence with me (I'm really not in a position to purchase anything right now, so I might see if he'd supply the materials and I'd build it). I also just went out and bought 3 'no dumping' signs, and 1 'private property' sign, and put them on the fence.

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## tfurrh

> I would call city code enforcement.  When I was a real estate agent a couple years back, I had a great listing that we just couldn't sell because the next door neighbor sounds just like yours.  We tried asking nicely for them to clean up the yard and all the junk several times.  They kept saying they would.  Then we started offering to help them clean it up.  The owner (of the property I was selling) and I offered to split the cost with them to bring in a crew to clean it all up.  They said "Oh, we'll do it this weekend."  Two weeks went by and nothing.  Then we offered to handle the entire cost of it for them if they would just let us clean up the yard.  They still said "We'll do it."  This whole thing went on for over 2 months and we gave them every opportunity to work with us until finally I called the city on them.
> 
> The city cited them, and then they had to clean up or be subjected to heavy fines.  There were multiple code violations.
> 
> Finally they cleaned everything up, and the following weekend we got a few offers and got the property sold.  Of course we had to disclose everything that occurred with the neighbor, but the buyer was fine with it all and thankful to know the city was willing to get involved when the neighbor shirked their responsibility.
> 
> Bottom line, if their practices are infringing on YOUR property, and YOUR liberty, then you have every right to get authorities involved to stop it.  If the renter is too rude, and the owner is too stupid to do anything about it, then they get what's coming to them.  You tried to be nice and do things neighbor to neighbor, and if they try to get mad at you then remind them of this.  They are the ones being $#@!s, not you.
> 
> Call your city and make a complaint, because chances are there are code violations there and they will be forced to clean it up and stop.  If that doesn't work, you might be able to take the owner to small claims court for damages and/or seeking an injunction of some kind.  If you go that route, make sure you have written correspondence from you to the owner so you can prove you have made every effort to solve the situation before resorting to litigation.  Courts are much more likely to rule in your favor in a civil case if they see you tried to solve the problem on your own first, in a reasonable manner.
> ...


Thank you.

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## WhistlinDave

No prob!  I think sometimes as Libertarians we have a hard time wanting to ever bring the law to bear on others, and rightly so.  But we also have to remember, the function of government is supposed to be to protect our Liberty.  That includes MY liberty sometimes, when needed.

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## jdmyprez_deo_vindice

Please do not call city code enforcement. The moment you do that you are giving them more power to just walk into your yard and fine you for anything they want. Everyone in my town thought having a code enforcement office would be great but now they are getting what they asked for with city officials measuring their grass, city officials opening trash cans to make sure trash is in regulation bags, taking pictures over fences to make sure those trees are trimmed right, etc etc etc. By calling city officials you will be perpetuating the system.

As for what to do about it, I would talk to the owner of the property and exaplain in no uncertain terms that should this behavior continue from his tenant that you will begin keeping a tab of time and energy spent on cleaning up his mess and you will bill the propetty owner for your time and efforts. Failure to pay the bill will result in taking him to small claims court.

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## WhistlinDave

One other suggestion, I forgot.  When I had that situation, I talked to the neighbors next door about the fact they were leaving us no choice but to call the city, and we really didn't want to do that.  I basically begged them to let us bring in a crew to clean up and they still said "No, we'll do it."  We let two weeks go by and nothing happened.  So then when I called the city I didn't feel bad about it because I even told them I was going to do it!!  I was surprised that still wasn't enough to get them to do anything on their own.

So you might want to try to reason with the owner one last time, and tell him or her, "I really don't want to call the city, can't you just get your renter to stop letting trash get on my property?  I really want to give you every opportunity to do something about this before I call the city."

Of course this depends on your comfort level, but maybe it will get something done and you won't have to go to that next step.  And if you do, then you don't have to feel bad about it one bit.

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## LibertyEagle

I'd throw the trash back over the fence.  That is what we used to do when we had a neighbor like that.  But, then again, that was pasture land.

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## tfurrh

> Please do not call city code enforcement. The moment you do that you are giving them more power to just walk into your yard and fine you for anything they want. Everyone in my town thought having a code enforcement office would be great but now they are getting what they asked for with city officials measuring their grass, city officials opening trash cans to make sure trash is in regulation bags, taking pictures over fences to make sure those trees are trimmed right, etc etc etc. By calling city officials you will be perpetuating the system.
> 
> As for what to do about it, I would talk to the owner of the property and exaplain in no uncertain terms that should this behavior continue from his tenant that you will begin keeping a tab of time and energy spent on cleaning up his mess and you will bill the propetty owner for your time and efforts. Failure to pay the bill will result in taking him to small claims court.


This is where I'm at. I don't want to involve the city, because I believe that a resident should be able to do just about anything on their own property. But when it is spilling on to my property, and you've talked to the renter and the land owner, I'm unsure what the next step is. If I threatened small claims court, they'd know I'd never follow through.

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## tfurrh

> I'd throw the trash back over the fence.  That is what we used to do when we had a neighbor like that.  But, then again, that was pasture land.


Been there, done that, for the last 6 months.

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## jdmyprez_deo_vindice

> This is where I'm at. I don't want to involve the city, because I believe that a resident should be able to do just about anything on their own property. But when it is spilling on to my property, and you've talked to the renter and the land owner, I'm unsure what the next step is. If I threatened small claims court, they'd know I'd never follow through.


They only think that because you don't. The best way to change the perception that you will not do something is to do it. I would just tell them and if they don't at least try to change the behavior that is impacting your property than actually take them to small claims court.

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## kpitcher

I live in a small township of 2500 voters and code enforcement is a simple thing. He will go for a specific reason and doesn't linger around trying to find problems. Oftentimes you can just call up the township supervisor and he'll take a look before asking the code enforcement to be sent. We get 1 or 2 instances of code enforcement brought up at the township meeting every month, simple things really.

So I guess it matters what type of an area you live in. If it's an area with good people, let them do the job your tax money is paying them to do.

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## satchelmcqueen

youre being taken advantage of. they dont respect you as is evident by the many chances theyve had to correct the situation. i also think people should be able to do as they want on their own land IF they dont impose on others.

since you have tried to do all you can to avoid bringing in the city officials, i see nothing wrong with you doing so now since they wont correct interfering with your property. call in the city now and be done with it.


> This is where I'm at. I don't want to involve the city, because I believe that a resident should be able to do just about anything on their own property. But when it is spilling on to my property, and you've talked to the renter and the land owner, I'm unsure what the next step is. If I threatened small claims court, they'd know I'd never follow through.

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## Kelly.

can you take the renter to small claims court for damages?
or at least get paid for the time it takes you to clean up his trash on your property?

i would think that as soon as they get the notice to show up for court, the trash blowing onto your property should stop, as the know you are serious, and that it could cost them money.


imo, the "authorities" are the last ones i'd call.

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## tfurrh

I finally broke down and called the cops today. There was a bucket of maggots laying on my sunflowers. All he did was knock on their door and tell them not to do it anymore. I told him that I've been doing that for months, and that he needed to issue a written warning. He said that wasn't proper protocol and left. Im calling the city tomorrow.

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## tfurrh

Edit: sorry AF

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## Keith and stuff

Good fences make good neighbors

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## Carson

> This has been an ongoing problem for the last year; a heavy problem for the last 5 months. My neighbor (a renter) is a 'scrapper.' He collects junk & salvages the metal, then cashes that in at our city's srapyard. His yard is FILLED with crap. Now, it's ugly, but whatever as long as it's on his yard. My problem is that I have to pick up a bag full of his trash every day off of my lawn! There is a chain link fence dividing us, but now he's chained a dog to it, and the dog pushes even more of the trash through the fence. Today I picked up a tire! What do I do? I've talked, yelled, reasoned with my neighbors. I've talked, yelled, reasoned with the property owner. I don't want to call the police, but I do feel that my rights as a private property owner have been consistantly violated. What approach should I take next. If I do call the police, what should I say? What can be done?
> 
> Thanks all.


Hire a kid to clean it up. 

Take the neighbor to small claims court to cover the cost.

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## showpan

You'll get nothing in small claims court the moment the judge asks you if you tried calling the city.....since you didn't...case dismissed.

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## tod evans

I'm not one of these non-aggressive folks.....

Sounds like your neighbor has earned an ass whipping.

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## kathy88

Sit in a chair by the fence and clean your guns.

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## WhistlinDave

> Sit in a chair by the fence and clean your guns.


HAHA!!  I like this idea!!  If you have a large machete and/or Bowie knife, clean and sharpen those too.

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## showpan

> I'm not one of these non-aggressive folks.....
> 
> Sounds like your neighbor has earned an ass whipping.



that^^^^

and his dog too.

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## kcchiefs6465

> I'm not one of these non-aggressive folks.....
> 
> Sounds like your neighbor has earned an ass whipping.


In a perfect world that's what he would get. (But I guess in a perfect world he wouldn't have been a disrepectful, littering, $#@! to begin with) There is no need for court costs on top of what you are already losing to deal with this type of inconsiderate prick. You beat his ass, you go to jail, he gets a restraining order, and you won't be able to go to your own home. I've seen it happen.. that being, a restraining order barring someone from entering their own home. Five hundred feet, means five hundred feet, whether you live there or not. Calling in the city is your best option. Unless you live in a gated community with strict HOA specifications.. code officers aren't going to get out to measure _your_ grass, let alone intrude on _your_ property to determine violations and hand out fines. You have given him every reasonable chance under the sun. A respectable person, whether that be a scrapper or a lawyer, would have taken your grievances, to heart. (as they are reasonable expectations between neighbors) The fact that he has had the time to take measures of cleaning/preventing the debris from happening to your yard only adds insult.

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## Anti Federalist

> Edit: sorry AF


Gotta do what you think is best.

But really, what good did it do, right?

Now, if you keep calling them, *you'll* get branded the "troublemaker".

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## KCIndy

> I'd throw the trash back over the fence.  That is what we used to do when we had a neighbor like that.  But, then again, that was pasture land.





> Been there, done that, for the last 6 months.



Next time, add a bunch of your own trash as well!      


Any chance you have the means to build a nice, high concrete wall?

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## JK/SEA

you should be thankful. I live next door to heroin addicts and burglars. Plus the power was shut off on their house. Good times ever since SWAT showed up over there at 6am during a workday...snipers here and there...anyway..

maybe offer the guy 20 bucks a month to keep his crap outta your yard...lol

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## tfurrh

> Gotta do what you think is best.
> 
> But really, what good did it do, right?
> 
> Now, if you keep calling them, *you'll* get branded the "troublemaker".


You're absolutely right. In the past, before my 'no cop' resolution (which I broke), I've called them 3 or 4 times because of people parking in my driveway. Nothing - not a written warning, not a tow truck - I just had to wait either in my drive or on the street until the owner came back. I already told you the story of them breaking into my house one night. Now this crap. 

I was venting to my wife last night that I busted my ass turning that house around into a beautiful lot, that I bust my ass everyday for a paycheck - of which a third goes to pay for my neighbor and his 10 children & the police officer. Why on earth my property and myself are not shown more respect by them is beyond reason. 

I turned this house from a city eyesore, with a jungle in the backyard....



....into the nicest house on the street. I think the city and my neighbor would be a little more sympathetic.

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## brushfire

The RP sign is what makes it...

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## ClydeCoulter

@tfurrh,
Nice job, looks like your work paid off.  Now if only you can get some respect and empathy.

My situation was not nearly as bad as yours.  My neighbor, to the north, always mowed my side of the property posts and I didn't have a problem with that since I can't even see over the hay to tell one way or another.  But once I did mow down that side of the hay field and he came over and asked if we had a property dispute.  I told him, no, I was just trying to do my part in the upkeep of that property line like I share the responsibility with my neighbor to the south.  He made excuses why he mowed on my side but implied I had no right.  So, I stopped mowing along the posts on the north side.  Well, he died a couple of weeks ago.

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## tfurrh

> I finally broke down and called the cops today. There was a bucket of maggots laying on my sunflowers. All he did was knock on their door and tell them not to do it anymore. I told him that I've been doing that for months, and that he needed to issue a written warning. He said that wasn't proper protocol and left. Im calling the city tomorrow.


It's proper protocol for them to issue _me_ a written warning for not wearing my seatbelt in _my own_ private property, but not proper protocol for them to issue a written warning to an outside party who has repeatedly violated my private property.

*THE LAW PERVERTED!*

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## roho76

Don't call police or code enforcement. Can't you document it and then server the property owner and take him directly to court and sue for damages and costs?

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## tfurrh

> Don't call police or code enforcement. Can't you document it and then server the property owner and take him directly to court and sue for damages and costs?


after looking into it a little more, I think I'm going to do this. I'll sue for the cost of the fence.

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## fisharmor

If you're feeling really fed up, keep throwing the trash back on his side, but sneak in a couple hot dogs that have been soaking in anti freeze.

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## tfurrh

This was the straw that made me feel like I had to call the cops - this was not accidental.





Its a bucket of freaking maggots

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## fisharmor

Well the good news is that those look like soldier fly maggots.
If you get into composting you actually want those guys around.

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## phill4paul



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## Tod

Let's see....what would cause the renter the most grief and get him out of there?  What situations - real or perceived - cause cops to come busting in in the middle of the night looking for drugs or something?

With all the junk, surely you've seen some rats running around?  Perhaps some rat feces could appear on his property?

In some places, property fence costs have to be shared equally by the people on both sides of the fence, although that has more of an agricultural basis and might not be the law in your location.

Remember, the dog really is an innocent party in this; please don't take your frustration out on him.

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## tfurrh

> Remember, the dog really is an innocent party in this; please don't take your frustration out on him.


They actually got rid of the dog.

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## WhistlinDave

Well I just had a thought.  If you have been documenting all the trash and stuff, and have documentation proving you've tried getting the landlord next door to intervene and the neighbors still haven't stopped, and you end up building a big fence, then maybe you should take the landlord and the renters to small claims court for half the cost of the fence.  If you're only seeking half, I don't think the judge would see it as a frivolous claim, especially considering buckets of maggots and such.  Just another thought.  I really hope you get it resolved one way or the other.

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## WhistlinDave

Oh - Come to think of it if you're going to go to small claims court you should probably write a letter to the landlord first, before building the fence, asking him to pay for half, and explaining why he should.  Of course he'll refuse to help, but this will help immensely in court to show you tried to ask for the help first, and you're not just doing this to be vindictive.  I wouldn't tell him you'll take him to court later (because that won't change his mind, most likely).  I would just do it.  But a letter expressing your expectation that he should pay for half will help later in court, I would think.

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## KingRobbStark

Give him a black eye. Kidding. Just tell him that you will call the police if he keeps infringing on your property.

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## tfurrh

//

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## brushfire

> This was the straw that made me feel like I had to call the cops - this was not accidental.
> 
> 
> 
> 
> 
> Its a bucket of freaking maggots


I'd get some cctv cameras, no trespassing sign, and a GIANT F'N Yard light on the property line (one so big that a$$hole gets a sun burn walking out of his back door)  Have it on a motion sensor so his dog sets it off, and it can illuminate his house every time the dog moves.

I could get into some retaliatory stuff, but I'm sure you have an imagination of your own.

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## showpan

Man, if my neighbor threw that bucket onto my property, I would go introduce his face to those maggots. 

About a year ago, the neighbor to the left of me is cheating on her boyfriend and when he's gone, her other boyfriend comes over. He also brings beer with him and he was tossing the empties over the fence and into my bushes. I went out there one day and picked them up, placed them in a bag and brought them over to him. All I said was, the next time you throw one of these over that fence, it better be full. Haven't had another bottle since then.

I also like dogs, I have one too, but I don't tie it up to my fence to intimidate my neighbor. I'm away from home right now, when I get back, I have an issue with a neighbor who just moved in across the street who's pit bulls keeps getting out of his fence and then coming across the street to growl and bark at my wife and kids. I talked to him once already and the second time I called animal control. Now I'm done, the wife just told me they chased them to her car. When I get back, the next time it happens I'm ending this problem myself and there will not be another incident.

I have found that if you do not take control of situations right away, they soon become out of control. This is what's wrong with our country today, passive pussification does not work. You must show at least enough force right from the start, or they will think they have a foot in the door.

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## tod evans

> I have found that if you do not take control of situations right away, they soon become out of control. This is what's wrong with our country today, passive pussification does not work. You must show at least enough force right from the start, or they will think they have a foot in the door.


This.......

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## kathy88



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## showpan

> 


that^^^^

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