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Real estate Q&A: Should I let landscaper use my yard to access neighbor's property?

Gary M. Singer, South Florida Sun Sentinel on

Published in Business News

Q: For years, I have let my neighbor’s landscaper cut through my unfenced yard to reach a strip behind his house, between his fence and the canal. There is no other way in because his fence blocks his side, and the neighbors on the far side are fenced as well. I never minded before, but lately the landscaper has let the bushes along his fence grow wild and spill onto my side, and it looks terrible. Do I have to keep allowing this access? — Alan

A: I understand the frustration. You have quietly done your neighbor a favor for years, but it no longer feels like one.

The short answer is no, you do not have to allow it. The land is yours, and without an easement or other legal right, your neighbor has no right to allow anyone to cross it, including a landscaper.

Before you block the path, start with the real problem. The issue is the overgrown hedge, not the landscapers walking across your yard.

So talk to your neighbor first. Tell him the arrangement has become a headache because his crew is letting the bushes run wild and encroach onto your property, and ask him to have them cleaned up and kept that way.

Most people have no idea their yard crew is creating an eyesore next door, and a friendly conversation often resolves the issue before anyone draws a line in the sand.

 

Now, the part that matters legally. When someone openly and continuously crosses your land for years, that use can gradually become a permanent legal right called a prescriptive easement.

]If that happens, the access attaches to his property for good, and neither you nor a future owner of your home could stop it. The one fact that prevents this is permission. Use that you allow is not adverse, and permitted use does not ripen into an easement.

Here is what I would do. Keep being a good neighbor, but put your permission in writing. A short, signed letter stating that you allow his landscaper to cross your yard, that this is permission, not a right, and that you may revoke it at any time, serves two purposes. It keeps the peace and ensures that these years of access can never be claimed as an easement against you or the next owner of your home. Give him a copy, and keep one for yourself.

If he refuses to maintain the bushes or tells you he has a right to cross your yard whether you like it or not, that is the moment to have a real estate attorney review your deed and survey before you do anything else. A claim like that must be properly answered in writing before more time passes.

This does not have to turn into a feud. You hold the stronger position. The fix is usually a trimmed hedge and a simple letter. Handled calmly, you can protect your property and keep a good neighbor at the same time.


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