Neighbors new driveway is on our property ?
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Neighbors new driveway is on our property ?
Recently had a new fence installed and made sure the fence was on my property due
to having my lot surveyed. The fence is 5′ from the property line, we erred on
there side.. The neighbor had his driveway paved the pavement comes up to my
fence under it in some spots. What are my next steps to let the neighbor know
that this is unacceptable I want the pavement removed. There house has been
being rebuilt since march of this year and there has been many problems with the
builders since, police have been called numerous times. Thanks
Asked on August 12, 2016 under Real Estate Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First, have the discussion with them, sharing with them your survey and explaining that they will have to remove their driveway and redo any damage, landscaping, etc. If they refuse to do so voluntarily, your recourse would be to sue; if you sue and can prove in court that your neighbor did build on your land, you can get a court order requiring them to undo what they did and put things right, and/or giving you compensation for your costs or damages. If you do end up suing, you are advised to retain an attorney to help you; it would be a good idea to actually bring an attorney in at the outset--the lawyer can confirm your rights in this specific case and then negotiate with the neighbor to try to resolve the matter without litigation.
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