Whjat to do if my neighbor poured 4 feet of concrete to expand her driveway onto my property and pulled the survey stake to do it?

UPDATED: Dec 20, 2011

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Whjat to do if my neighbor poured 4 feet of concrete to expand her driveway onto my property and pulled the survey stake to do it?

She did this prior to my purchasing the home and when the home was vacant. Also, note she is on the city commission and has habitually abused her powers. She added an addition to her home which permission was granted because it “improved her encroachment on my property”. We asked her to remove the concrete and she removed all but the apron of the drive. She now parks her vehicle there. We have written 2 certified letters the last one received 10 days ago. What’s next? Do I file a formal complaint with the city who she helps govern or go right to court

Asked on December 20, 2011 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You probably should sue her--no one has a right to annex, take, modify, use, etc. your property without your permission. If she has expanded her driveway onto your property, you should be able to either force her to pay to remove it or remove it yourself and claim reimbursement from her; you may also be entitled to other damages or compensation. Consult with a real estate attorney; bring copies of any surveys, deeds, etc. showing the boundaries of your property.

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