Legal Question in Real Estate Law in Georgia
I just moved into a home and there is a pathway going through my backyard that people walk through to get to the next subdivision. I posted no trespassing signs, but it does not seem to work. Is there any legal steps I can take to stop people from walking through my yard to get to another subdivision?
3 Answers from Attorneys
Build a fence. People are not gong to change their habits and presumably you do not want to stay outside and give everyone warnings, then try to have them arrested.
Scott's answer is correct if there is no prescriptive easement or right of way. If there is one, then you can't prevent access or do a fence. If there isn't, a sturdy fence is the answer.
If in fact the land is yours that they are crossing (as opposed to a common area), you can do anything you want within the law (and/or your HOA covenants, if any) to keep them out. So, for instance, you could construct a fence or a wall. You can also call the police on people who continue to ignore the signs. Finally, if the subdivision has an Association (like an HOA), I would find out when the next board meeting and make an appearance to request that the HOA tell their neighbors that you plan on enforcing your property rights against trespassers. You won't find many friends doing this, but it will certainly slow the traffic down through your backyard.
Best of luck.******The above is for informational purposes and does not create an attorney-client relationship.*******