Q: Is it legal for a property owner to adjoin his gravel driveway onto our existing private paved drive without permission?
A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement when he and his traffic drive up onto our pavement.
In spite of our numerous attempts to contact and reason with him, he refuses to do anything about this. We contacted the Sheriff's department who told us to install "No Trespassing" signs. The neighbor promptly removed all four of them but faced one of them towards our property.
How do we get this neighbor to remove his gravel from off our property and desist from further using and damaging it?
A: You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to prevent the further trespass and recover your damages.
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