What should we do if my neighbor has a small encroachment on my property and now wants to remove it?
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What should we do if my neighbor has a small encroachment on my property and now wants to remove it?
It is a short section of rock wall. We have an encroachment agreement and we have an amicable relationship. My neighbor wishes to remove his encroachment so that we can cancel our encroachment agreement, and I am in favor of this. If I grant him access can he just go ahead and remove the rock wall so that afterwards we can file for the cancellation of the agreement? Does that sound right?
Asked on January 4, 2016 under Real Estate Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can grant access to let him remove the wall, then cancel the agreement, but don't let him do this unless he will sign an agreement under which he will restore any damage he does (e.g. if earthmoving machinery tears up your yard; if he kills any plantings or knocks down wires, etc.)--you don't want to be left paying the cost to restore any damage which was done.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can grant access to let him remove the wall, then cancel the agreement, but don't let him do this unless he will sign an agreement under which he will restore any damage he does (e.g. if earthmoving machinery tears up your yard; if he kills any plantings or knocks down wires, etc.)--you don't want to be left paying the cost to restore any damage which was done.
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