Expert: Cinzia Dalgarno - 5/26/2010

Question
I live in Calgary, Alberta. I have a neighbor who likes to hang her laundry over our shared fence. She refuses to accept that I do not wish her to do that. She claims it is her fence but it is shared due to it's construction on the property line. In the past I have resorted to tossing it back into her property but that is childish and I can actually get into legal trouble if it should become damaged. She has so far refused to listen to my verbal request that she stop this behavior.  This has gone on for the past 3 years.

What are my rights in this matter? I do not want to see her laundry and carpets hanging inside my yard. I feel she is blatantly tresspassing on my property but the city I live in has no bylaws that deal with laundry issues like this. My only recourse seems to be a legal avenue.

Can I have her charged with petty trespass? Can I seize the offending laundry under said trespass act ?

Answer
Hello Pete. It sounds like you have an ongoing issue with this neighbour. Unfortunately, I can't help you with this problem, as my expertise is in mortgages rather than legal issues surrounding personal rights with respect to property. Perhaps you could pose your situation to a lawyer, this should be right up their alley.

Good luck, hope you are able to resolve the issue quickly, if not amicably.

If ever you have questions regarding mortgages, please don't hesitate to write in again!

Warm regards,
Cinzia