Legal Question in Civil Litigation in Michigan

Is my neighbors son assulting my children?

I have a neighbor (of 5 yrs) who has become ill. Consequently, his son has been staying with him quite a bit. His son is always on my two children (12, 15 yrs) about tresspassing. He is balegerent and abussive toward them everytime he is around. He has had the police to our house to remind us to stay off his property. The property in question is clearly not his or his fathers and the survey stacks are present. The owner of the property is my sons best friends dad and we are welcome to use the lot which acts as a short cut to an adjacent street. Anyway, is this neighbors son assulting my son and daughter by getting in their face and cursing at them. They come home scared to death from this idiot. I can't approach him he just goes inside and the police warned me already not to approach him. I would love to have his butt thrown in jail the next time the police come to my door for no reason. Thanks!


Asked on 3/06/98, 4:38 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Walking Across Neighbor's Property

If the owner of the property does not mind, then it might be advisable for the owner to contact the tenant whose son is yelling at the children and let the tenant know that the owner has given them permission to walk across the property. It also might help if the owner would contact the police, so that they know that the children have permission. Otherwise, the owner or possessor of the property is not prohibited from telling persons to stay off of the property. In fact, a tenant might have an obligation to protect the property from trespassers, inasmuch as tenants might be held liable by the landlord/owner for damage done where the tenant reasonably could have prevented it. You should consult an attorney regarding the particular facts and circumstances of your situation, to determine whether and how your rights are affected.

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Answered on 3/30/98, 10:14 am


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