What to do if I need to survey my property without the neighbors calling the police on me for trespass?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I need to survey my property without the neighbors calling the police on me for trespass?

The neighbor owns 9/10th acre completely surrounded by my property except for road frontage. The neighbor fully acknowledges that he owns only .9 acres and agrees that the deeds are correct, but in his mind that size plot must be vast and extend many hundreds of feet from his house. So anyone within sight must needs be trespassing. When I attempt to survey the boundary (with a professional surveyor) the neighbor calls the police and complains that I am trespassing on his property. I need to survey my property unencumbered by having the police called out. What is the court form I need to file to ask the court restrain the neighbor and police from

Asked on October 25, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no specific court form; however, what you can do is bring a legal action for declaratory and injunctive relief. The declaratory relief would be a court declaration or determination that the deeds are correct and you may survey (or do anything else generally legal) on your property; the injunction would be a court order that the neighbor stop calling the police on you when you attempt to survey the land. A real estate attorney can help you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption