What are my options for neighbor trespassing, with no help from HOA?

UPDATED: Sep 30, 2022

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What are my options for neighbor trespassing, with no help from HOA?

According to my house location survey my neighbor continues to trespass on my
property using it as a recreation area playing football, baseball, soccer on
several occassions hitting the side of my house with balls, the HOA states they
have no record of my property boundary lines which I find hard to believe as an
HOA since every piece of property that is brought or sold has to go through them.
They just don’t want to get involved.

Asked on July 11, 2016 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Try calling the police: the police are supposed to respond to trespassing (which is, depending on context, a disorderly persons offense or even a criminal act). Even if the police will not arrest your neighbor, they may speak to him and convince him to stop this. If he won't, you could in theory bring a lawsuit seeking a "declaratory judgment" as to where the boundaries are and a court order that your neighbor stop trespassing, but this could be expensive: you'd likely need an attorney, would certainly need a surveryor to write a report and testify, etc.
If any damage is done to you home, such as by a ball hitting it, you can, of course, sue for the repair costs, including (as appropriate; e.g. minor costs) in small claims court as your own attorney ("pro se").

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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