Q: Does a landowner have liability if they ask a neighbor to remove an encroaching structure?
We are waiting for survey results, but it appears that a neighbor has built a structure entirely upon our property. If proven by survey, we will want the area vacated. Do we have liability for the neighbor's safety if we ask them to remove the property? Can we insist on removing it ourselves, or hiring a 3rd party?
A:
You may be liable for his safety if the neighbor encounters a hidden hazard on your property, such as an abandoned well with a rotting cover through which he falls. Otherwise, no.
Your best bet getting it removed is to first show him a copy of the survey, then ask him to remove it by a certain date -- the date should be reasonable considering how large a structure he built. If he doesn't do this, take him to court to get a court order that he remove it. That ought to be cheaper than removing it yourself.
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