Milwaukee, WI asked in Criminal Law for Wisconsin

Q: Would this constitute Class I Felony criminal damage to property and be within the statute of limitations?

I have a neighbor send their contractors onto my property without consent. The contractor was made aware that their was no permission to come onto my property because I had problems before with damage. I finally gave permission to the contractor after he told me he was just going to replace the sidewalk. Instead the homeowner and contractor took out the drainage ditch and extended the sidewalk shifting run off to my property. No permit was issue in accordance with ordinances or state law. The building inspector supports this action. I have spent over 500.00 plus time and labor trying to correct this. I have a temporary fix but a Professions Engineer will have to come in and grading will have to be done. The estimated cost will be in excess of 3,000.00. I believe the statute of limitations is six years. I believe there was misrepresentation to gain access to my property. I was not aware of these property drainage law until recently.

Related Topics:
1 Lawyer Answer
Nick Passe
Nick Passe
  • Criminal Law Lawyer
  • La Crosse, WI
  • Licensed in Wisconsin

A: If you report this to law enforcement they will probably roll their eyes and tell you this is a civil matter and they are not interested in it. You may very well have a civil cause of action, though. See an attorney familiar with real estate law who has at least some litigation experience about bringing an action. The statute of limitations for a felony is 7 years in Wisconsin most of the time. I don't know what the statute of limitations is for the kind of litigation you will likely need to pursue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.