If my neighbor paved over my property without my permission, does this have to go to court?
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If my neighbor paved over my property without my permission, does this have to go to court?
He had the company move my marker 2 feet overand paved over my grass by 36 feet down and 1 foot across. I lost a lot of property because of a neighbor told the company to ignore what I told them and go ahead and take the property and he claims it is his now. Is my best bet to take this to court, and can I get
Asked on November 29, 2011 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A neighbor may NOT simply take, alter, damage, improve, confiscate, etc. your property--period. Certainly, there can be an issue as to where the actual boundaries are, but whatever area is yours, cannot be touched.
2) The way to resolve this is to go to court. You would bring a legal action for both a declaratory judgment, under which the court will officially declare where the boundaries are; and for a monetary damages or compensation against the neighbor (such as for the cost of undoing what he did). You could also sue the contractor for damages, too--if the contractor had any knowledge of an issue, dispute, contrary claim about the boundaries, etc. and went ahead, he may be liable.
You should consult with an attorney about how best to do this. The lawyer will undoubtedly recommend getting a new survey done. You'd also review old surveys, deeds, etc. The goal is to prove the boundaries.
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