What to do about work that a neighbor did on his property that is now affecting mine?
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What to do about work that a neighbor did on his property that is now affecting mine?
Recently the vacant lot adjacent to my lot was purchased. The new owner excavated dirt out so there would be no grade to build his house on. This created the need for the neighbor to put a rock retaining wall in which is between 6 and 13 feet tall. When the neighbor had his wall installed they had to dig into the roots of 4 large pine trees that are close to the property line but the trunk is on my side. In a 20 foot span it appears carefully measuring from the surveying marks set by the neighbor’s surveyor that the rocks of the rock wall are on my property 6 inches to a foot. My issues are that there seems to be some encroachment from his wall which would not allow a fence to be installed on the property line in some places, the neighbor has created a hazard for my kids and anyone else who is in my backyard as a result from the height of the wall, and the pine trees have been somewhat damaged from some of the root being dug out. Do I have a legal case for any of these issues?
Asked on October 2, 2012 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Speak with a real estate attorney: you may have legal claims.
1) If the wall is indeed on your property, you could force the neighbor to move it--or else have the leverage to possibly get some compensation from him in exchange for allowing it to remain. No one may encroach on your property without your consent.
2) If any of your property, including trees or foliage were damaged, you may be able to seek compensation therefore.
3) You can put the neighbor on notice of any hazards or risks posed by the height of the wall; that way, should any damage or injuries result, you'd be well positioned to take legal action.
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