Driveway Gate Closer

Neighbor keeps opening gates to my driveway saying it’s her land and we cannot close the gates?

My neighbor who is mentally ill is claiming that our driveway is part of her property. We have been closing our gates for the last couple of weeks to keep her vicious dog out so that our grandchildren can play in the yard without fear of getting bitten. The neighbor will come right behind us everytime we close the Gate and open it back up yelling and cussing saying it’s her land and we cannot close the gates. What kind of action can I take against this woman? I cannot sleepl, eat or have peace of mind for fear of her hurting me or my family.
We have called the police, 911 and the local dhhr and the humane society and NO ONE will do anything.

First you really need to make sure that the gates are on your land and that both your Deed and hers do not contain any type of easement, right of ingress or egress, covenant blah blah that entitles her to do this. Don’t assume anything. You probably have your Deed in your files, and you can look at hers for free at the clerk or recorders office. Many people are amazed to find that their Deed does have one of the above.

Once you are certain she does not have this right, you can file a complaint in Municipal Court against her. Chain and padlock the gate while you wait for your court date. If she keeps it up after you go to court and win, you can probably have her arrested. At the very least, the police will have to deal with her because you will have an order or decision. If she gets herself arrested, and she is truly “mentally ill” as you say, there is a chance that she will be remanded for observation.

“We have called the police, 911 and the local dhhr and the humane society and NO ONE will do anything.”

Of course not. The police don’t settle Deed issues, she hasn’t done anything crazy enough for dhhr to get involved, and the dog hasn’t been ruled vicious. You are going about this all the wrong way, and all you are doing is frustrating yourself. You are asking people to do things that are not in their power to do.

You need to first check the Deeds and proceed with a complaint filed in Municipal Court against her if you are truly in the right as per your Deeds. Anything less is just going to generate more frustration on your part.

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