Q: There is a 10 ft driveway between me and my neighbor but my neighbor he is saying this is his area
In my property on the right side there is a 10 ft driveway and also pipe line at the beginning of this 10 ft area this water pipe belongs to my house and it’s on the survey, but now a days my neighbor is using the area as a parking lot for his cars, when I talked to him he said this 10 ft area which’s 1000 square ft belongs to him and I have no rights to use the area. Then he broke the survey sticks and he did like a boundary lines from his mind. I asked the builder he said this is an emergency driveway for both of us but my neighbor doesn’t want me to use or do anything. So what should I do for this situation?
A:
1. Get a survey.
2. Send him a No Trespass letter to get off your land.
3. Hire a lawyer to get him off your land.
Or,
1. Wait the time in the statute of limitations for adverse possession while doing nothing.
2. Pay a lawyer a ton of money to defend his case that he owns your land.
3. Get your stuff off his land.
A: Get a proper survey so you have the legal evidence in hand. Have a lawyer send the neighbor a letter enclosing the survey and and ultimatum to remove all items from your property within 10 days or so or you will pay a company to haul it all off to the dump and sue him for the cost, and direct him not to enter upon your land for any other purpose. After the time passes and the unwanted property is removed, erect a fence. If he attempts to block your actions over your own land, you can file a civil lawsuit and spend some real money.
A:
Hire a survey! The answer to your questions lies in what the survey shows, after the surveyor reviews the deeds and record plats. If there continues to be a dispute it is possible that the cost and expense of resolving the issue can be shifted to your title insurance company, if the claim is deemed to be covered. A lawyer can help you at each step of the way.
It is also possible that a properly written claim letter will shift even the cost of the initial survey and investigation to your title insurance company.
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