Trespassing

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  • #609052
    Vogue
    Member

    Hi,

    There is a sixth grade girl who attends the local public school right around the corner from me, and she trespassed onto my property and tried to use it as a short cut. She ended got really angry at me, told me to “Shut Up”, and then went to my next door neighbor’s house, who never gave her permission to enter their property either, and jumped over their fence. I tried to talk her out of it, but it didn’t work, so I e-mailed their school social worker and she told me to call the police the next time it happens. I just don’t feel like calling the police on a 12 year old, especially because I could tell that based on my interaction with her, she probably has some behavior issues and sending her to juvie will just make life worse for her. What do I do?

    #946750
    popa_bar_abba
    Participant

    Call the police. She won’t be sent to juvie for this. Actually, the police probably won’t do anything at all.

    (school social worker? what did you think they were going to do)

    Sue her parents in civil court for trespass.

    #946751
    akuperma
    Participant

    What damages were done? Are you accusing her of theft? Is their a dangerous condition that might injure her? The minhag of children is to take short cuts.

    To put “tresspass” into context, until about 250 years ago, you had alledge (even if they ignored it most of the time) that the tresspasser had come into your property with force and arms and against the king’s peace – schoolgirls taking shortcuts didn’t count.

    #946752
    Vogue
    Member

    The school social worker told the administration about this. She said that if I could find out her name, that would be beneficial and they would speak to her about the incident.

    #946753
    wanderingchana
    Participant

    Get/borrow a yapping dog, like a terrier of some kind.

    #946754
    popa_bar_abba
    Participant

    maybe get a feral dog

    #946755
    Vogue
    Member

    Actually, yes, there are dangerous conditions, we have a dead willow tree that is going to one day, either fall on our garage, or on the electric line. Part of the tree was already struck by lightning.

    #946756
    anonymonsey
    Participant

    Living in Monsey, tresspassing is a very big deal. Besides the obvious loss of privacy (which many people paid big bucks for) there is also the aspect of legality. If c”v someone trips on something and falls on your property they can sue, and in this day and age they will sue and they’ll win and then your insurance rates will go out of this world. Call the police and let them do their job.

    #946757
    apushatayid
    Participant

    Put up a better fence.

    #946758
    Torah613Torah
    Participant

    Cover your property with itching powder.

    Or, invite her in for juice and cookies. Explain that every time she trespasses, she has to sit and look at pictures of your cats for 20 minutes.

    Or, ask her to do some service in exchange for trespassing on your property.

    Why call the police?

    #946759
    Vogue
    Member

    My mom owns the property… Also, I have to do a significant amount of the yard work. Additionally, I do not want to sit there patrolling my property. Also, her school told me to call the police if it happens again.

    Living in Monsey, tresspassing is a very big deal. Besides the obvious loss of privacy (which many people paid big bucks for) there is also the aspect of legality. If c”v someone trips on something and falls on your property they can sue, and in this day and age they will sue and they’ll win and then your insurance rates will go out of this world. Call the police and let them do their job.

    Its the same law everywhere in the United States.

    #946760
    anonymonsey
    Participant

    Vogue,

    I am fully aware that the law is the same everywhere in the United States. By referencing that I live in Monsey I was expressing that there are places that people have paid hundreds of thousands of dollars to have privacy and that having people walk through your backyard (whether to go to school or on Shabbos which disturbs any kind of restfulness or the ability to have family time and space that was duly paid for and continues to be paid for with exhorbitant taxes) it is a very big deal. There are plenty of places that having people walk through isn’t – but where I live – Monsey – it is a big deal.

    #946761
    SaysMe
    Member

    you should do nothing. If your mother wants to do something though, its her property

    #946763
    Vogue
    Member

    My mom said that it isn’t a big deal and that she is afraid that if she does anything that the kids will damage our property.

    #946764
    Health
    Participant

    Vogue -Ah, just call the cops – eventually the cops will get sick of you calling all the time and tell the kid to cut through s/o else’s property.

    #946765
    interjection
    Participant

    You’re not the homeowner. Why do you care?

    #946766
    yitzchokm
    Participant

    interjection???? It’s Vogue’s MOTHER.

    most people care about their mothers

    (at least most of the time)

    #946767
    apushatayid
    Participant

    “the kids will damage our property.”

    when they do, call the cops. till then, put up a fence that will keep them out.

    #946768
    Health
    Participant

    apushatayid -“when they do, call the cops. till then, put up a fence that will keep them out.”

    I agree to put up a fence, but you must call the cops at every incident. Why? Because they won’t do anything anyways and if they do damage something -then if you called previously they might actualy make an arrest.

    I’m not a lawyer, but I think the law is like this. Let’s say they damage something -then they can be sued. The insurance of your home might not even cover criminal acts, which are not accidental. So you sue this kid -I doubt the kid has any assets -so you won’t get a dime.

    But if you have called the cops numerous times and there is documentation and of course 99% of the time they’ll just take a report and not investigate or prosecute -now they are legally liable for their inaction. So instead of you getting the bill for the damage of your property -you can sue the cops, ie. the city, for the damage.

    #946769
    akuperma
    Participant

    Unless the police in your area are really underworked, they might not be thrilled at being called out to pursue a sixth grade girl (most crimes are committed by boys, not girls) who is taking a short cut to school. Police tend to think they should be out chasing murderers and muggers and rapists and terrorists – not pre-teens on their way to and from school. Absent some indications of damage being done or more serious crimes being committee, you might reconsider calling out thousands of dollars in police assets. If it was your daughter who was taking a short cut to her Beis Yaakov, would you get annoyed if someone called for a SWAT team to stop her?

    #946770
    Health
    Participant

    akuperma -“Unless the police in your area are really underworked, they might not be thrilled at being called out to pursue a sixth grade girl (most crimes are committed by boys, not girls) who is taking a short cut to school. Police tend to think they should be out chasing murderers and muggers and rapists and terrorists”

    Really is that what they think? Maybe they think this in police academy, but e/o knows once they hit the street -they spend most of the day writing tickets and eating (Donuts, of course).

    You’ve been watching too much of the show “Cops”. It probably takes them weeks of ride alongs to actually film one half-hour segment of “Cops”. Most of their career is Not playing “Cops and robbers”.

    #946771
    oomis
    Participant

    The girl is committing a crime of trespass. She has to learn that she may NOT go anywhere she pleases to go.

    If SHE is allowed to continue, the next thing you know (as happened to us), more than the one inconsiderate girl (or boy) will be cutting through the property, maybe they will (as happened to us) choose to SMOKE on the property, or VANDALIZE the property. OR worse case scenario, if injured while trespassing, SUE the owner for damages. A sleazy lawyer can convince a judge that the property was an “attractive nusiance,” like a trampoline that is not enclosed, but nonetheless accessible to kids. There are crazy people who will actually BUY that notion and give the homeowner grief.

    You cannot set a precedent by allowing this to continue, UNLESS you want it to. Next time this happens, follow her into the school and report her directly. The police will probably not do anything for you.

    If this were one of our yeshivah kids, it is still a problem, and they need to learn derech eretz. No one should cut across someone’s property without rishus (And if they needed access, I probably WOULD give rishus, but do not assume that to be the case without asking). I taught my kids that from day one.

    I have to constantly tell frum little kids to get down off my retaining wall. The problem is sometimes their parents are WITH them, watching them do it. I come out (yes, I am that old lady on the block I swore I would never be) and tell the parents that NO one is allowed to climb on the retaining wall, it is not safe, and it is private property, so get your kids down. Some of them even say sorry. Most do not. And THAT is what’s wrong with this generation, in a nutshell. How can kids learn derech eretz when their parents don’t recognize what that means?

    #946772
    🐵 ⌨ Gamanit
    Participant

    Vogue- how did you talk to her? If she got angry at you, I assume you told her something. Maybe next time try not raising your voice, just saying calmly and and firmly “Excuse me- I don’t know whether you are aware of this or not but this is private property and you are trespassing. Use the sidewalk.” If she persists continue “Again, this is private property. I can call the police and report you for trespassing.” If she still persists then call the police. Unrelated- how is it to be back home? Do you miss New York?

    #946773
    tzaddiq
    Member

    1)electric fences are very useful in these kinds of situations

    2)i concur with the suggestion of borrowing a dog for one day and give her a real good scare

    3) and finally, a good ol fashioned super-soaker always does the trick

    #946775
    Vogue
    Member

    Yeah, I did talk to her, she just got really defiant and chitzpadik.

    #946776
    zahavasdad
    Participant

    Have you ever considered planting some Poison ivy?

    #946778
    🐵 ⌨ Gamanit
    Participant

    Vogue- I didn’t ask whether you spoke to her. I asked how. Did you perhaps raise your voice, or say something like “Get off my yard!”? Some ways of talking are more likely to get the other person angry than others.

    #946779
    Vogue
    Member

    I was trying to be very polite about it, at first I didn’t raise my voice, but then she went around me trying again, and I moved to block her from entering.

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