Would I be trespassing, or just taking care of business?
August 25, 2011 1:34 PM   Subscribe

Neighboring house is vacant, lawn unkempt. Would it be bad for me to mow the lawn and trim the hedges?

We own our own home. The house next door has been vacant for several weeks, with a sign in the window from the bank giving a phone number to call in the case of vandalism. I assume the house is in the process of foreclosure. Thus far the bank is not maintaining the property. This is in Central Florida, where you really can't go for more than a week without mowing or else the lawn turns into a jungle. The grass and weeds on their lawn is nearly knee high in places, and directly adjoins our property (I.E. no fence or other barrier in between). It is an eyesore, plus the uncontrolled weeds are likely to begin encroaching.

I don't know what the bank's obligation is, and I am just assuming that phoning the number posted in the window would lead me into a bureaucratic nightmare. I figure I have a vested interest in that property, in that having a huge eyesore right next door brings down my property value as well. I would also like to see the house sell again as quickly as possible, so that we have live neighbors again.

It would only take me an extra ten minutes to mow that property's front and side yards while I am out mowing my own lawn. I don't care about the time and effort, it is negligible compared to the nuisance of living next to an eyesore.

My only hesitation is, could I actually get into trouble for doing that? Would it be considered trespassing? I am talking about taking care of basic yard maintenance (mowing, edging, trimming hedges, possibly putting down some weed control) on the portion of the property visible from the street.

Is this a bad idea? Or just enlightened self-interest?
posted by Lokheed to Home & Garden (29 answers total) 1 user marked this as a favorite
 
If there is not a trespassing sign, you're free to mow the grass until somebody says no, and nobody will say that. Go for it.
posted by michaelh at 1:37 PM on August 25, 2011 [2 favorites]


Plus, if it's visibly abandoned, it's a target for vandalism. You're doing yourself and your neighbors a favor by taking care of the lawn.
posted by cooker girl at 1:38 PM on August 25, 2011 [3 favorites]


Who's going to arrest you? If the place is owned by the bank or has an absentee owner, you could try contacting the appropriate person and offering your maintenance services for money, rather than just being a nice guy. Do you have other neighbors who would call the cops if they saw you with a hedge trimmer?
posted by Ideefixe at 1:39 PM on August 25, 2011


Nobody will say anything if they see you mowing. I would not put down weed chemicals, though.

It might be worth calling the city, too. Some areas will take care of this kind of thing when it becomes a nuisance (and send the bill to the owner/bank).
posted by peachfuzz at 1:40 PM on August 25, 2011 [7 favorites]


Do it. The bank isn't going to pay someone to do it and I can't imagine a reason anyone would complain that you're taking care of the property.

If you're ever in my neck of the woods, you're welcome to mow my lawn too. I hate doing it. :)
posted by jaden at 1:40 PM on August 25, 2011 [1 favorite]


We had a similar situation down the street from us and the neighbors on either side of the property ended up taking turns maintaining it until it sold. It made everyone on the street happy we didn't have to drive by the eyesore, worry about our neighborhood's appearance, etc. Unless you're told not to do so, it seems like a favor to me.
posted by Kronios at 1:42 PM on August 25, 2011


Seconding peachfuzz: there's often a city agency that'll clean up trashy yards/mow etc. and bill the owner. Alternatively: call the bank and tell them you'll do it, for a fee?
posted by easily confused at 1:45 PM on August 25, 2011 [4 favorites]


It's easier to ask for forgiveness than ask for permission. Just do it.
posted by Frasermoo at 1:48 PM on August 25, 2011 [1 favorite]


I guess one consideration is that the garden, left to run wild, will attract bees and butterflies. Some people leave their gardens unkempt for that purpose. I guess you have to weigh that up against the risk of its attracting the wrong sort of humans, though.
posted by tel3path at 1:53 PM on August 25, 2011


It could also be that the owner just doesn't care. I lived next to a guy who let his property sit idle for months between tenants.

If the owner doesn't want a lien on their house, they can pay for basic upkeep. The city will be more than happy to slap fines on them for neglect and nuisance issues. That speaks louder than somebody doing their work for them.

It saves you from looking at an eyesore but it's not as if the owner or bank will give you anything in return.
posted by fifteen schnitzengruben is my limit at 1:54 PM on August 25, 2011


The bank would only care if you, say, lost a foot while doing them a favour they didn't ask for.
posted by Capt. Renault at 1:58 PM on August 25, 2011


While I happen to think you should just do it, I am not sure the bank will see it that way. What if you decided to just paint the house to make it look better a purple color because the paint was peeling? Also, there is probably some sort of liability on the bank's part.

Ah, shucks, just cut it.
posted by JohnnyGunn at 2:01 PM on August 25, 2011


Last year, we had the houses on each side of us vacant, one because the owner had moved out of state and had the house on the market, and the other a foreclosure.

We mowed for the out-of-state neighbor, but not the foreclosure. If some bank is going to foreclose on our neighbors, I'm not going to help them maintain their stupid property. If they'd let it go too long, in fact, I probably would have called the city. Our code enforcement officers are huge, nitpicking jerks, so I'm sure they could have found any number of things to fine them for.
posted by ernielundquist at 2:01 PM on August 25, 2011 [1 favorite]


Calling the city may do some good, but it's going to be a long process. Do what is easier for you. If you'd rather do the work and have a neat lawn next door, cut the lawn.
posted by craven_morhead at 2:03 PM on August 25, 2011


Response by poster: It could also be that the owner just doesn't care.

Although I wasn't particularly close to the previous occupants, I know that they were not renters. For the first four years we owned our house, they took very good care of their property. In the last year they stopped maintaining it aside from mowing every 2 weeks or so. My impression is that they were under a financial strain, and ultimately either lost the house or just walked away.
posted by Lokheed at 2:04 PM on August 25, 2011


Cut the lawn, then send them a bill.
posted by R. Mutt at 2:06 PM on August 25, 2011 [1 favorite]


Overgrown yards attract vermin. This is actually pretty serious.

Call the city.
posted by jbenben at 2:12 PM on August 25, 2011 [1 favorite]


Cut it and count your blessings you have no fences.

In my neighborhood, EVERYONE has fences, which is a giant pain because it means we have to (should) edge along the sides in addition to the front. Problem is, in the case of certain kinds of fencing like chain link or wrought iron, trimming the edges is only fully effective if both sides do it. And my neighbors on one side don't do it.
posted by markhu at 2:12 PM on August 25, 2011


You didn't mention a pool, so I assume that's not an issue -- but in the event that there is a pool on the property and it wasn't drained before the property was abandoned, that can eventually cause serious problems as well (think swarms of mosquitos, etc.), so you'd probably want to call the city about that as well.
posted by scody at 2:15 PM on August 25, 2011


I know people who've gotten "Mow it or we'll mow it for you" letters from their city, for nothing like a completely overgrown yard. nth-ing call the city; there may be someone whose job this is.
posted by endless_forms at 2:20 PM on August 25, 2011


Okay, so long story, but my husband and I were told recently by police in our city that something like your idea constitutes "criminal damage."

I'm not sure how true that is, because out of the two cops who came to our house, it was the dumb one who said it. But the smart one didn't contradict him - so there you go.
posted by Squeak Attack at 2:25 PM on August 25, 2011


Best answer: This just happened to us. Nice neighborhood, house in foreclosure, 2' high grass. My neighbor and I were fighting with the same legal issue - we both just wanted to go over an mow it but were not sure about the legalities.

Next thing I knew, I passed a township pickup overseeing a local landscaping company mowing the lawn.

I would try four things, in this order:

0) Call the bank - just so you can tell the city you called and got no satisfaction. And you might just get lucky (tell them apparently vandals have been spreading fertilizer on the lawn)

1) Call the city - ask when they will come mow the property.
2) Call a local landscaper and suggest they call the city and make an offer - I suspect this kind of work pays a premium.
3) Mow the lawn yourself.
posted by NoDef at 2:29 PM on August 25, 2011 [1 favorite]


A house on my block went into foreclosure, there was a several-month gap between the occupants moving and the bank getting around to putting it on the market, and the neighbors on either side took turns mowing the front yard in the meantime of their own accord. I thought it was nice of them.

I know our neighbors didn't check with anyone before taking action, and now the property's being maintained by the bank or the real estate agent or someone, but calling the city couldn't hurt.
posted by padraigin at 2:44 PM on August 25, 2011


Many cities have "weed ordinances" which prohibit neglected lawns or fields, for exactly the weed encroachment issue you are concerned about. Often these can levy fines on the owner, which may motivate better care. I would look into that.
posted by buzzv at 2:46 PM on August 25, 2011


Personally, I'd call code enforcement and try to get them to deal with it, especially if other maintenance issues were present (e.g. a festering pool, illegally dumped trash, graffiti, etc...). On the other hand, I'd do this because I know code enforcement here is actually relatively competent and would actually make a timely effort to deal with the problem or have it fixed themselves. Your municipality may not be so efficient.

Heck, if you don't think your local government is going to do much and it's really only 10 minutes of work or so, just give it a quick mow yourself. Snap a couple pics of the mess before you mow, and in the unlikely event that anyone even begins to complain, you can show the before/after and ask how they feel about public nuisances.

Another thing to consider is that overgrown dead weeds and grass can often be a fire hazard (obviously depending on climate to some extent). Your local fire marshal might be interested in the problem.
posted by zachlipton at 8:33 PM on August 25, 2011 [1 favorite]


I am just assuming that phoning the number posted in the window would lead me into a bureaucratic nightmare

You don't have to let yourself fall into that nightmare; just call the number on the sign and tell the first person you talk to that you live next to a property the bank owns and you are planning to call the city to alert them to the fact that the property is probably violating city codes. If they try to transfer you, just say, "no thanks, I don't have the time. I expect you to pass along the message to the appropriate person above you." Then give the address and hang up.

The bank isn't going to pay someone to do it

Sure it will. Just get 2 or 3 neighbors to call the city on the same day to complain about the neglect. I'd bet you'll be amazed at how fast the bank forks out a bit of cash to pay someone to mow.

Overgrown yards attract vermin. This is actually pretty serious.

This is actually a bone of contention among folks debating wild yards. Overgrown grass in itself does not necessarily attract "vermin."
posted by mediareport at 9:23 PM on August 25, 2011 [3 favorites]


The bank isn't going to pay someone to do it

Indeed, if municipal code enforcement gets involved and forces the issue, the bank will wind up paying one way or another. In many cities/towns, if the property owner doesn't fix violations after the deadline, the city will do the work themselves and send the owner a bill. If the bill doesn't get paid, the city will gladly put a lien on the house, and the bank will have to pay to get rid of the lien if they don't want to own the place forever. For individuals, they might also be able to collect on the bill through the same mechanisms they use to collect unpaid taxes.
posted by zachlipton at 10:26 PM on August 25, 2011


Just mow it! Same thing happened to me with a house next door to me, and by my occasionally running the mower past the sidewalk grass strip (they don't have a lawn as the house fronts the sidewalk), it made the house stand out less. I've been rewarded by the fact that the family that eventually bought the house was so impressed by the care that I and other neighbors took during the property's year long neglect that they are now happily putting a lot of hard work in fixing the house up and have become the proverbial good neighbors themselves (and have even helped me with odd projects here and there when I need an extra pair of hands).

A little goodness goes a long way here in situations like this ...
posted by kuppajava at 8:07 AM on August 26, 2011


Response by poster: I stopped by city hall this morning and spoke to code enforcement. It turns out they filed a code violation back on August 2nd, have already contacted the bank (I was correct, the house has gone into foreclosure), and they have levied a fine. The person I spoke to said that that bank is usually pretty good about maintaining a property once it makes it onto their maintenance list. If it isn't mowed by next week the city will mow it and send the bank a bill, but he said he expected the lawn will be maintained regularly very soon now.
posted by Lokheed at 12:39 PM on August 26, 2011 [1 favorite]


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