Q: My dad died and we are trying to sell his house, but his neighbor is doing everything he can to limit access to
the broker and prospective buyers (put up an illegal fence that partially blocks our driveway, etc.). If his actions prevent us from being able to sell meaning we still have to pay the mortgage, etc. can we sue him?
A: I do not understand. How would a buyer put up a fence? Why would you hire a broker that would impede a sale. Something is missing.
A: His interference constitutes trespassing, which often has a criminal component to it. Law enforcement (the police) should be contacted when he trespasses and you should document this yourself through recordings and other memorization. If he is interfering with your ability t sell their is also a claim in NY called "tortious intereference with prospective economic advantage" and a civil case can likely be maintained if you can document the evidence meeting the elements of such a claim.
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