Driveway Expansion On My Land

[MIKE_G]

What is the name of your state? Pennsylvania
My neighbors 2 acres is surronded by my 25. He has expanded his drive by 15 feet onto my land with a bulldozer, gravel ect. My wife says tell him to move it back and if he doesnt beleive me have his property surveyed. I feel a registerd letter stating the above. Small claims is a option but would I sue for the entire surveying costs/ his or my property? plus the restoration costs to my property, landscaping ect..He moved here 2 years ago and asked if he could park on my land, I said only him and no future buyers, heirs ect. He agreed at that time that his drive was already on my property which is why he asked. He did not ask then or now about permant improvements. Thanks and sorry if this was a Double post.Mike

 

[Ozark_Sophist]

How large an area did he gravel? 15' by ???

As a matter of real property, this issue is not a matter for small claims. Your neighbor is trespassing (gravel) and has damaged your property.

As a first step, send the letter demanding the trespass be removed and your property restored with a set period of time. It might pay to have an attorney draft the letter.

In addition, revoke permission in writing to use your land for any purposes other than what was legally deeded.

 

[justalayman]

from the post it is apparent there is no survey available to back up your claims of the property lines. Without that, you aren;t going to win much of anything unless the neighbor willingly admits he is over the boundary line.

and no, you aren;t going to get compensated for a survey expense.

 

[MIKE_G]

thanks and sorry for the typos. 15 by 75 feet is the damage done. I have located the other 3 corners of the property. Whats next if he does not cooperate? Put a fence up, park a car there, ect. I only discovered all of this this past Sunday. Thanks again for any and all help- Mike

 

[Ozark_Sophist]

Step 1 - Send the letter to (1) revoke permission to park or otherwise trespass, (2) remove any and all encroachment, and (3) restore property to previous condition. Give them a time frame (some say 3 days, but 15 days is 'nice' and if it goes to court, it will pay to play 'nice'). Include a copy of your survey (if you don't have one yet, include a copy of the deed showing the legal description of your property). State if all points are not satisfied, you will take the matter to circuit court to seek relief, damages, and costs. It really helps if this letter is from a lawyer -- demonstrates you are serious. I had two sent for $300 (varies). Include Pictures, google earth printout, etc.

Step 2 - Talk to a surveyor about the issue. Find out if there are any recorded surveys for your land and use the same surveyor (cost savings). If it looks like the letter isn't going to work, schedule the survey for the 16th day (your neighbor will see and hopefully light a fire under him). Make sure to have the survey map out encroachments. (Unlikely you will be able to recover costs for a survey, although I have read some appellete decisions in my state where costs were assigned, but unlikely in this case). Another thing to ask surveyor what the charge is for court time - mine would have been $100 an hour.

Step 3 - If you have not retained a lawyer yet, now is the time. Odds are they will want to repeat the letter process.

In Missouri, if the first action of the respondent is to admit their trespass and correct the encroachment, there is no way for you to recover any costs. (by statute or court rules - sorry, can't remember offhand). This is why it is important to talk to a local attorney.

 

[MIKE_G]

Thanks for all of the advice. I am looking for a local real estate lawyer presently. Should I talk to the neighbor personally first, send a personal letter first or just go with the attorney's letter first? He has admitted that he is over the line and I do have a blueprint from a survey done from the 80's but the pin in question is lost. Also is civil court something I can do myself?
I saw some of those concrete barriers along the interstate contruction zone and thought, "could use those in a pinch".
Thanks and good luck to all.

 

[justalayman]

I would say it depends on what kind of relationship you have with this neighbor.

If it is somewhat friendly, I would start with talking to them. No need to start a fight where there isn;t one.

If he is already a jerk and you don't care about any relationship, I would start with a demand letter (from you). Then go to the attorney letter and so on.

Now understand that you can allow what he is doing and still prevent any legal claim to the area if you wish to do so. Granting temporary permission (do NOT grant an easement) can allow him to remain as is but still allow you the right to revoke permission at any time. This should still be done all nice and legal and written though. That removes so many questions in the future.

 

[MIKE_G]

I Talked To Them

Went as expected. I explained remove the gravel and they could temporarily continue to park there.(as previosly agreed). I gave them 15 days otherwise I would put up a 'barrier'.
She said 'put it up now' and 'it was that way when we bought it(driveway)".I didnt mention that they asked me 3 times if it was ok to park on my land whaen they moved in. He asked me 6 times why I changed my mind, I agreed to parking not improving my land. He said-in a few years it'll be grasss again so how can it be a improvement? So there you go, I told them I'm the nice guy giving them a chance to get it squared away. Oh and last thing he said how much to sell that chunk of land- I said it aint happening- $2000+ survey cost, approval for subdivision from township and PA law only allows subdivision 1 time per owner(i got 5 kids that will need a place or cash some day) I'll keep you posted and thanks again-M