Usually trash comes with people cutting through properties. Yes, it would bother me, and does. we have a similar situation on property that doesn't even belong to us so it's none of our business. Still, i hate having to go pick up other people's trash. If I don't pick it up, it will blow onto my property eventually and looks unsightly. The owners of that property haven't been seen in years.

If you can't fence it and signs aren't obeyed, I can't imagine what other options there would be.

It would definitely bother me but I have no solutions.

It certainly would bother me and I would not allow it. There would be a fence and I would either find a way to pay for it or assemble it myself from home center materials.

Yes, it would. It would be a deal breaker for me in considering a house like this. That said, you were okay with it.

Now though, it bothers you, and this happens over time. You really do not have a choice, you need a fence.

Yeah, it would bug me too. Have you tried to contact the city? Not sure they will do anything, but it might be worth a phone call.

can you set a bench across the area they use as access, and paint "the end of the free access" across it... and add, but you may rest for a spell?

Not sure where you are, but a welded wire fence with 5' T posts just about disappears and is quite affordable. It would drive me nuts, but in reality, people probably don't know where the easement ends and your property starts. We used to have that issue with a house that bordered the corp of engineer property next to the lake. People thought that it was just part of the public land.

Can you put in two poles and a chain across it or plant some trees? You could paint something purple in addition to 'no trespassing' signs.

How about some signs that say, "Caution - target practice area ahead! No access beyond this point! No trespassing."

I would do everything I could possibly do to put up a fence with a gate so those who need access to the easement could get it and those who don't need to go I to your yard would be kept out. How many linear feet are you talking about though?

Is the easement for the city or county? What access do they need to your property? How often do they access it? Have they ever been out to the property/easement to mow it? If you have been mowing it and taking care of it for several years, calculate a fair price and document that for billing purposes and charge them half for maintenance of their easement on your property.

I know this isn't a solution, but I am wondering what would happen if someone fell down and got hurt on your property. Could they sue you or would your insurance have to pay for it and then your insurance premium would go up.

A fence could be as simple as metal poles with wire or chains. Seriously, how long of a fence are we speaking of? Across a trail? You can nail a couple boards to some sawhorses, with imposing, legitimate looking signs, and let trespassers know which civil codes they are violating, as well as advise them their actions are being recorded by video camera.

Quite frankly, not only would it "bother" me, but I would be concerned about those trespassers creating a prescriptive easement of their own, across your property. You could lose what rights you have! Additionally, you are setting yourself up for lawsuits, where you "know" or legally "should know" that people are using your property, and have failed to maintain it safely for their benefit. Will your insurance cover you for that?

There is a trail local to me, sounding quite similar to your situation, where the owner is openly hostile to trespassers, but since he is pretty new to the neighborhood, and people have traversed that property for years, the police have actually told him there's nothing they can do (or will do) when he calls them. So now he has to suffer it and all these potential consequences. And... once teenagers start following that path, it could be they start using your property for other, more nefarious and illegal purposes.... what will you do then?

It would drive me crazy. I'd fence it, block it, plant trees/thorny shrubs in front of it, or move.

Thanks everyone...good to know I'm not just being cranky :)

It's a weird kind of situation with the easement...it's for the properties behind all of the properties on our side (picture a road with properties in either side....) Those of us on this side "own" our respective sections of the road (in other words it's on the deeds and we pay taxes on the full lot size, including our sections of the road)...however, we're legally not allowed to use the road to access the back of our properties. Right of way only goes halfway across the back of my property because way back then the original access was JUST for the lot behind mine, (the other lots didn't exist then, it was one owner) who now have access (driveway) to their property on the corner.

What a mess. We've tried a kind of chain thing across the end, but it just gets walked around. At one point we had people drive to the end and turn around in our yard, or just park to watch the ducks on the pond (development pond that's not part of our development...they're called "communities" here with HOA's...ours doesn't have an HOA).

Sorry for the long explanation!

Sometimes I guess I'm more tolerant than others...Now, with school, we get all the school kids cutting through so I guess it's bugging me a little more than usual.

The town told us we could "have" our property back if we got permission from ALL of the people on the other side of the road...in other words from all of the easement holders (users)...which would have enabled us to fence it off at the corner. One of them out of five said no (nope..not the one behind us...they like the idea as it's a problem for them, too). So it couldn't happen.

We do keep the area nicely mowed (the part that we have full claim to) and open so that there's no mischief going on...

In my area, if people trespass on your property and get hurt you are not liable. They entered illegally and at their own risk.

What? In the U.S.? Elizabeth..... I don't see how that could be true anywhere in the U.S. This situation is an unmarked easement. There are facts and circumstances to every trespass....children and attractive nuisances is another example of blurry trespass rules...... even trespass isn't always trespass when it has been going on for years....and in the event of an emergency...and licensees v. Invitees v. Trespassers.. and if the property owner laid a trap/dangerous condition (or willfully or constructively ignored the trap/condition, it amts to the same thing). It is why owners have liability insurance to cover this.

LOL I find it amusing that people think a fence STOPS tress passing. My parents lived in a residential neighborhood, everyone had fences, teens REGULARLY crossed two properties,hopping two fences to decrease their trek to school. Be careful what you wish for I know people who have petitioned cities for fences and ended up with walking paths cutting across their property. Would it bug me...I would find it RUDE and if it were the same people regularly, it would drive me nuts. Sometimes people get lost while out walking or just need to cut things shorter than planned...so I would try and be gracious, it wouldn't be easy.

I don't know why the 'No Trespassing' signs get taken down. Maybe you would have better luck with some other wording such as 'Private Property, No public Access" signs.

Our attorney advised me that folks trespassing on my ( clearly marked ) lakefront property were not able to sue me for injuries as you lose those rights when you break the law. I did have this happen to me years ago with a snowmobilier. It never even made it to court. So, yes, check your local laws and insurance policy. This is in the USA.

In our town every housing development must have a paved walking path/bike path that connects to the citywide trails. Still, there are jerks who use private property for shortcuts. In my life I've learned to tolerate rude, unaware generations.

It's also posted "dogs must be on a leash". However, many pet owners flagrantly violate that law. Some unleash their dogs to swim in the pond even though it's posted, "do not enter the water, for viewing pleasure only".

Tolerate the ignorant, inconsiderate, rude, unaware people. Life is easier that way.

I've actually discussed my easement issue on GardenWeb. The city was going to put a telephone guy wire in my already teeny yard. I was asking because of resale value of the house, but further, it blocked my driveway into the garage. I complained to my city council rep and he talked to the city and they moved whatever they were doing to the other side of the street. I felt like they just chose my yard because it was easy access. I have had people walk through my yard because it is a corner lot and they don't want to walk around. I've had people take things out of my yard (again, the city. It was compost I had lying in a gardenbed, they took it even though it was nowhere near the curb. They were truly trying to keep things looking nice ;), and people put yard trimmings in my yard. I was so fed up, I put up a hedge and a fence. Problem solved. So I agree with the shrubs idea. Could that work?

Who owns the easement? Is it the town? An HOA? If so, talk to them about putting up a fence or signage or something so the people using it don't trespass on your property.

thinking signs, chains, etc. are just gonna earn you the title of grumpy old man/woman??

remember a spot along route walking home from school where we would cut through someone's property. i can't remember anyone using the area to drop trash, but was a significant short cut along the walk. we would always be on look-out as we approached and would NOT cut trough if anyone was out in yard. we would go quickly and quietly. occasional confrontation but nothing more than minor voice raising and suggestion we go another way.

when I was a kid, everyone on my side of the street had potential for MASSIVE backyard. acres of undeveloped land... "woods" where we played as lids. whoever owned this land had NO qualms with anyone enlarging their yard by cutting grass, weeds, volunteer trees. BUT was totally understood that this was not a place where anything even close to permanent could be put... no sheds, no above ground pools, etc. there was a "grumpy old man" a few doors down who decided massive tree at edge of woods belonged to HIM and took exception when brother and friends decided it would be a good place for a tree fort. they had to nail boards to the huge trunk to form a ladder to get to first set of branches... probably 15-20' off the ground. Old Man Johnson decided to pry "ladder" off while kids were in tree, and well, boys will be boys, as they say. i thought my dad was gonna explode trying NOT to laugh as OMJ was telling him what physical thing my brother and his friends did from that perch... iykwim??

I'd move heaven and earth to put up a 6' wooden privacy fence.

Unless it was throngs of people, it wouldn't bother me. An occasional walker is another story. In Rob's case, it would bother me...........people cutting a corner. Cutting a corner and saving a couple of miles are two different things.

It would make me crazy! My back yard is completely fenced in and we lock both the back gate and front gate to keep scavengers out of the yard. (I don't live in the best area, so thieves run rampant). When my parents lived in Prince George BC, we lived 10 miles outside of city limits on 2 acres of property. Nobody had a fenced yard because well, EXPENSIVE. But we didn't care. Too much wildlife walked through the yards (bears and deer to name a few) and people going for nature walks usually kept to the far back between property lines so nobody could see them any way. We were out in the bush so seeing more than 50' from your back window was rare. But if I were in the city and saw people cutting through my private property that I pay for, nope. It would drive me crazy. Where is your privacy. As it is, even my next door neighbours have a tough time seeing into our backyard. We all live in one floor bungalows. I couldn't live in a two story house which everyone seems to love these days unless it was outside in the country. Trying to get some peace and quiet and private time in your backyard knowing that all your neighbours could be up in the top floor staring down at you while you do yard work or read a book just creeps the heck out of me. I would never sit outside.

I'm having a hard time envisioning the layout of the lot as you describe it, but I think my irritation would be dependent on how large or small the lot is and how close they are to your house and gardens. Our little city used a rather large easement we have to install a walking path in front of our property. None of the 4 houses affected were happy about it, but the city was very generous about how they went about it (we actually got a new driveway and landscaping) and after seeing how much it's used, I can understand NOW why it was needed. Still the trash and dog poop that they swore wouldn't be an issue is and even though it's 150 feet from our doorstep, it's frustrating.

With that said, I think the bigger issue here is that you could actually loose your right to the property, (if you haven't already) if it's continued to be used as a pass through. The laws vary from one community to another, but as Detired mentioned, there are legal implications that, as a homeowner would be more concerning to me. I'm not sure but I believe the correct term is an Easement by Prescription. There are several kinds of easements and this clip was copied from an ariticle that explains each of them. I've provided the link in case you're interested.

Easement by Prescription

Acquiring an easement by prescription is the equivalent to acquiring a parcel of property by adverse possession. In other words, an easement can be acquired if a person uses property that does not belong to him or her in a manner consistent with the existence of an easement for a period longer than the jurisdiction’s statute of limitations for land ejectment actions. For example:

John owns a parcel of land. For 25 years, every day, Mike walks across the same path on John’s property to access a road beyond John’s property. John never gave Mike permission to do so. By such continuous, open and hostile use, Mike can gain an easement that allows him to permanently walk across the property by “prescription.”

The elements necessary for acquiring an easement by prescription are identical to the elements for acquiring real property by adverse possession. The easement must be used in an open and notorious manner. The use must be continuous. The use must be hostile to the ownership of the property owner and under a claim of right (i.e., without the owner’s permission). As we discussed these elements in detail in the chapter on adverse possession, it is not necessary to discuss these elements in detail again.

The one difference between the elements necessary for easement by prescription and those necessary for adverse possession is the element of exclusivity. Recall that for property to be acquired by adverse possession, the possessor must be in exclusive possession of the property for the entire statutory time period. However, in the case of an easement by prescription being acquired, an exclusivity requirement would make no sense because the use of property that constitutes an easement is inherently shared with the owner of the property. Therefore, the acquisition of an easement by prescription does not require that the use be exclusive.

https://lawshelf.com/courseware/entry/the-creation-of-easements

It would really irritate me too. If I couldn't build a fence, I'd stop mowing the path and I'd plant some extremely thorny bushes all along the path and at the end of it. Plus, I'd encourage poison oak to grow in amongst the thorny bushes. If you don't want to go that far...there are security cameras that will send you alerts when they detect motion and they will also record video. You could try security cameras in combination with scarecrow sprinklers. These are motion activated sprinklers that will turn on and spray anyone (or anything) that triggers them. I've got some that I use when people get the idea that my yard is a great place to let their dogs go to the bathroom while out on walks. They are available online (e.g. Amazon). I've been sprayed by them, on occasion, when I forget to turn them off and go wandering onto my front lawn. It's not pleasant. It's not just a light sprinkling of water, either.

Edited to add...I looked online, and they actually sell loud sirens with remote controls that you can also hook up to motion detectors. Yeah, if it were my property, people wouldn't be walking through. :-)

I have this neighbor who layed a railroad tie on our dividing property line, it crossed onto my side by 8'. When I moved it and planted bushes for a sight barrier/hedge, he claimed he'd had the prior owners permission to take that piece of land. He must have contacted a lawyer.....we hired a surveyer, who put in rebar stakes along the property line and it was never spoken of again.

Colorado law about adverse possession:

if the use of the land is with the permission of the owner then such use can never ripen into title by adverse possession regardless how long it continues

Have you spoken to your municipal government about blocking this path -- maybe back where it starts to go through private property? I would not stand for this intrusion into my back yard. Since there is no longer any legitimate reason for fire or safety access, maybe they'd terminate it. Is the city responsible for what happens to people ON this path? (Thinking of incentives for them to close access.)

Our first house was on one of three cul de sacs off a minor road that wandered between two heavily used roads. Motorists would sometimes think they could save time (wrong) by cutting through our neighborhood. The city agreed to put up signs at each end of our road proclaiming "No Thoroughfare" to traffic on the two busier roads. It had the same effect as "Dead End". I've seen "Not A Public Path" signs, too.

We have gone to the town, but as I said above, they required everyone's okay and we had one guy that said no out of spite (I know it was spite because he told us)...

As far as the easement, the city took over "care" of the stretch of it that originates at a public road (it's in the city records), but that doesn't include the part behind our house. A good thing I think. At least we just have compacted gravel/dirt on our easement section.

The thing is there's no road to get to for these people when they reach the end of the right of way(on our property)..they have to go through a few other yards to get to a public road. I guess I just don't get some people...

I'm going to put the chain and sign back up, then at least it might deter regulars...maybe.

There used to be an old house back there that the fire department sent notice would be burned down as a "practice exercise"....Wouldn't you know it, when this happened everyone came to look. We had about fifty people park in the front and walk to our back yard. Some even said hello and smiled as they passed me weeding...I'm surprised they didn't bring lawn chairs and expect me to serve drinks...

Some even said hello and smiled as they passed me weeding...

Geez, Penny! That's awfully gutsy!

I would for one, definitely stop mowing back there! And put the chain back up and the signs.

What about a barbed wire fence? That might not be as expensive as wood or chain link.

If you can't get rid of the entire path, would the city object to a sign that says "No Thoroughfare" or "Dead End" to be posted where it starts?

Let the spiteful neighbor live with the path as it goes through HIS property. I'd post "Dead End" at your lot line, along with "No Egress Through Private Property". Then tell 'visitors' they may return as they came, but not over your property.

Might you need to warn visitors to "Beware of the DOG"?

In my town there is a walking trail along a river. Some of the land it crosses is privately owned. In one particular location the trail crossed a corner of a woman's property whose house sits on a bluff high above the river. She took exception to people using the trail to cross the corner of her property even though the people and the trail couldn't be seen from her house, so at first she put up signs and piles of brush blocking the trail at her property line and when those were repeated removed she resorted to coils of razor wire on the ground blocking the trail.

Despite an existing law against razor wire, and a newly written law specifically to address her use of razor wire, the city was unable to force her to remove the wire, and to my knowledge it is still there today.

Sorry bob, but good for her.

;)

I had people climbing the fence at the back of my property, when I said didn't you see the "private Property NO trespassing sign"(posted on the fence)... one couple said, "If you don't want us coming through just tell us"...I said, "Who do you think the NO trespassing sign is for?" But they never came through again. Another couple owned an empty lot 3 doors down. I looked them up on the county tax accessor site, found their HOME address, sent them a note asking them NOT to trespass. They told neighbors we had gotton in our car and followed them home! haha yeah right......scary....

When we 1st moved in a woman came to our door & asked if her running club could park in our driveway , climb through our gate and run the trail(1/3 mile away & there are 2 trail heads nearby). She said the house had been empty for a month and they'd been doing it already.

A guy from the water dept. came to our door, wanted to take his church group up our driveway, park at the water tower and go hiking. DH said no. His response..."Then we'll just use the trail head". My DH said, "Exactly! Our house IS NOT A TRAILHEAD." He said , "Ohhhhhhhhhhhhhh.........."

I had a couple tell me our yard was a easement. It was for the public to use, we had NO right to keep her out. ???

The point of my long post.....NONE of those people ever came back. No one ever comes through any more. We had to tell each one individually to keep out. THAT is what worked...with the fence & No trespassing sign.

You have to be verbal....not polite and nice to get this one done. :0)

Sometimes you just bring a pen and paper and write down their license plate. When they ask what you are doing just tell them you are getting them towed off your property.

Can you plant some pine trees on you side? Or maybe don't cut the grass and see if that don't stop them. Or maybe plant some kind of bushes with prickly stems on your line.

Thank you for all of the ideas everyone...I'll see what I can do about getting a more permanent sign (rather than the ones they sell at office supply stores)...Failing that, I could move the cactus we have closer to the the corner....I don't think putting plants there is considered a permanent obstruction of an easement... :)

ETA Linda I was typing just as you posted....great minds think alike !

It just baffles me how many ADULTS get away with playing dumb these days. And the city should not be allowing this to happen. If it's your property you have every right to keep people off. If this trail has been there that long and the city thinks people should be able to use it they should have moved the property line for that land before someone else bought it, or just tell people tough go around.

In Texas I see fenced and locked gate easements all the time. The gates are locked with a chain with many locks interlinked between the ends of the chain. Everyone with legal access owns one of those locks. Whenever a contractor needs to get in, one of the owners gives the contractor his own lock to add to the chain. Anyone crossing the gate without opening the gate is trespassing.

Also in Texas if the land is on a navigable waterway, then all bets are off. The water belongs to Texas and nobody is allowed to prevent access. What is navigable and what is water are very specifically defined. No easement is needed to access rivers and dry river beds.

"It just baffles me how many ADULTS get away with playing dumb these days"

For very many, there's no playacting involved. It comes naturally.

Ok then it also baffles me how many adults are that dumb these days. haha

There's lots of challenged adults, of course.

There are also those of average and high intelligence who simply don't care, or think that they don't HAVE to follow the rules that the rest of us abide by. Those are the ones that make me want to do the Church Lady dance.... :)

I'll tell you I did, ONCE have a lovely lady with a very tired and cranky baby who rang my doorbell and asked if I would mind if she walked through the back to where she lived. I was so freaking delighted. In truth, it took me a second to process...

That's interested about the chain and locks, dchall_san_antonio. I had no idea and will research it further. Thanks!

Here's what the chain of locks looks like.

Perhaps a sign or two that reads... "BEWARE: Poisonous snakes" might deter some people.

lukkiirish, the source you quoted and your comments missed one important point of Adverse Possession. The possession must be open, hostile, actual, continuous AND EXCLUSIVE. Since the owner is maintaining open, hostile, actual and continuous use of the property, it's NOT exclusive and therefore Adverse Possession fails. Plus it's likely the other person you refer to wouldn't carry all four of the other criteria either so it's not an issue of consequence. And there's a time frame in most places of fifteen years for it to happen anyway. No need for paranoia.

I still don't understand how big an area it is to be fenced. Put up some lilacs or other weed-like growth that's fast, bushy and a pest for pedestrians to deal with. Cost is little. It's pretty easy to get some starters and it's just labor of putting it in, possibly watering it a bit and you'll have a blockade up in a short time.

As to the initial question, yes it'd bug me. But I imagine you've known about it since you moved in? A fence doesn't have to be a big deal to keep out most people so it doesn't have to be prohibitive in cost.