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'No Trespassing' sign on Privacy Fence


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#1 NessaDawn143

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Posted 07 December 2012 - 11:17 AM

My neighbor recently filed criminal charges against my husband..."Injury to Personal Property". He is claiming that my husband stole the No Trespassing sign off his privacy fence. The fence was purchased by our neighbor and is used to separate our backyards. The sign was posted on our side of the fence. We didnt take the sign, it probably just blew away in the last storm, but legally, is he even allowed to post something on OUR side of the fence? We live in North Carolina if that makes a difference. Ive checked online but cant really find any information.

#2 Guest_FindLaw_Amir_*

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Posted 07 December 2012 - 12:06 PM

To learn more about this subject matter, you may wish to visit the Real Estate Law Center: Neighbors and read Fencing Laws and Your Neighbors: FAQs as a good resource. For further clarification, you may wish to consult with a local North Carolina Real Estate Lawyer.

#3 symore

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Posted 07 December 2012 - 01:10 PM

My neighbor recently filed criminal charges against my husband..."Injury to Personal Property". He is claiming that my husband stole the No Trespassing sign off his privacy fence. The fence was purchased by our neighbor and is used to separate our backyards. The sign was posted on our side of the fence. We didnt take the sign, it probably just blew away in the last storm, but legally, is he even allowed to post something on OUR side of the fence? We live in North Carolina if that makes a difference. Ive checked online but cant really find any information.

read this case and see if you can prevail,(
Pablo G. CASADO and wife, Carol Casado
v.
MELAS CORPORATION, Mellott Contractors, Inc., and Mellott Trucking and Supply Co., Inc)
i certainly dont see any evidence of tresspass and if the guy can proof trespass on his land then he can proof injury to his property, you also maybe entitled to nominal damages if he looses in court

#4 Fallen

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Posted 07 December 2012 - 01:35 PM

It would be the state that would file charges against your husband (by way of a law enforcement official or court commissioner/judge or prosecutor).

Seems to me more a petty theft than injury to personal property, but never mind.

If this isn't your fence, there is no "OUR" side in the way you mean.

Not sure what the other responder meant with regard to trespassing (we're just talking about a sign that says "no trespassing").

Unless there's video of your husband taking it or a sign purporting to be The Sign was found inside your garage or something, I don't see a judge finding your husband guilty.

It would be very difficult to establish that the accuser is lying simply to harm your husband (even if he is).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 Tax_Counsel

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Posted 08 December 2012 - 09:29 AM

Not sure what the other responder meant with regard to trespassing (we're just talking about a sign that says "no trespassing").


Because unauthorized entry onto the property of another to take the sign would not only be theft, but also a trespass. Is the fence exactly on the property line, or is it slightly within the neighbor’s property line? That might make a difference, depending on the applicable case law.


Unless there's video of your husband taking it or a sign purporting to be The Sign was found inside your garage or something, I don't see a judge finding your husband guilty.


First, most criminal trials are to a jury, not a judge. Second, the state doesn’t need video or to find the sign on the OPs property to win a conviction. If the jury or judge deciding the case believed, say, testimony of the neighbor or some other witness that the OP’s husband took the sign, that would be enough.

#6 menigmom

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Posted 11 December 2012 - 10:08 AM

Clear my poor befuddled brain. How did the neighbor get the sign posted on the complainants side of the fence unless said neighbor himself trespassed in order to place it? And how did the neighbor discover the sign was missing, did he enter the compainants property to look at the fence?

#7 NessaDawn143

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Posted 12 December 2012 - 08:14 PM

Because unauthorized entry onto the property of another to take the sign would not only be theft, but also a trespass. Is the fence exactly on the property line, or is it slightly within the neighbor’s property line? That might make a difference, depending on the applicable case law.


In our backyard, it's actually the neighbors privacy fence on the property line, then about 2 feet into our backyard we have a chain-linked fence since we keep our dog in the back yard.

Clear my poor befuddled brain. How did the neighbor get the sign posted on the complainants side of the fence unless said neighbor himself trespassed in order to place it? And how did the neighbor discover the sign was missing, did he enter the compainants property to look at the fence?


In response to your question...That area of the privacy fence was recently replaced but before it was put up, he nailed the 'No Trespassing' sign to it. Not sure how he found it to be missing...could have seen through the fence that it was gone or maybe saw from the road into our back yard, but either way, i know it has been gone for quite sometime.

#8 kassounilaw.com

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Posted 14 February 2013 - 09:05 AM

First, I would be very surprised if the District Attorney's office pursued criminal action against your husband.
Second, if your neighbor trys to initiate a civil action, you would certainly have a great argument that he cannot place signs on your side of the fence, as that would be considered your private property because it is within your lot.
I don't see that it would make a difference whether or not he paid for the entire fence.
Here's some information on trespass law and Constitutional property rights if you care to do further research.

Edited by FindLaw_AHK, 14 February 2013 - 09:09 AM.
As per the Community Guidelines, links to personal web pages or blogs may be included in the signature line. Other personal or identifying information in this post has been removed. -Moderator

Timothy Kassouni

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Sacramento, CA  95814

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timothy@kassounilaw.com

http://www.kassounil...ppeals-lawyers/





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