Expert: Mark C. Robins - 5/3/2007

Question
I'm not sure if you still answer property questions. However, I'll ask anyway, and understand if you don't answer.

My next door neighbour's kids and their friends play on my driveway and lawn. They cut across the lawn and driveway all the time. They leave their toys and bikes and scooters and garbage and even food and even recently, chewed gum all over the place. One of the parents leaves cigarette butts on our driveway (this used to be a nice neighbourhood until they moved in). They scratched my car.

I sent them a nice, gentle letter asking them to stop, but that lasted about a week, with transgressions in between. It was since the letter (and the non-smoking parent apologized) that I have found gum on my driveway and some of my belongings moved. Toys continue to show up. I have weed&feed on my lawn but they are walking across it still. The parents cut across my driveway as well (our driveways abut).

Do I have any legal recourse in Ontario? All of the kids are under 12, and there's no way to prove which kids are doing this. I just find the garbage/toys, and sometimes see them cutting across the lawn.  

I'm about ready to explode. I would just like to enjoy my property in peace.

Thanks.


Answer
Problem Neighbors are always a difficult issue to deal with.
As to legal recourse it would depend on how severe the issues are and if they go beyond "Kids Being Kids".
I suggest that you contact a lawyer to have him write a letter to the neighbor.
you can get a free referral from
www.lawyerlocate.ca

Frankly Pat I do not understand your negative rating.
I cannot create new laws in Ontario to suit your needs.
The fact is the advice I provided was appropriate to your question.
You could try to charge them under the petty trespass act however I doubt you would get any cooperation from the Police which would mean you have to take out the charge yourself by attending a courthouse and seeing a J.P.