If my neighbor is building on his property but has encroached on my mine, what is my recourse, if any?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my neighbor is building on his property but has encroached on my mine, what is my recourse, if any?

He is digging part of my back corner and scraping. In the past he has mowed everything. I’ve planted 2 feet on my side of the property line.

Asked on September 29, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He has no legal right to do this: it is your property, and on one can encroach on it. You can do either or both of the following:
1) Sue him seeking a court order requiring him to stop what he is doing immediately.
2) Sue him for monetary compensation, such as your cost to restore or repair the property.
As stated, neighbor has no right to encroach on your property. Be advised that if you sue, you must be prepared that you need to have your property re-surveyed and to have the surveyor testify in court, to prove the boundaries if he disputes them or claims your deed is wrong.


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