Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I can assist you.
I need a little more information.
Is you gate attached to the fencing being moved ?
Will you neighbor restore your gate when the move is complete ?
Are you suffering any economic or other loss by the gate being unavailable. ?
The gate was attached to the cornerpost on the line fence at a angle to a shared driveway. His gate was at the same cornerpost. He moved his gate and put a fence in where our gate was,thus denied us access to our field. He did not leave us a gate at all.He fenced it. This was done already without our permission. The gates or fence was there for 20 plus years before tyhey moved it. As far as loss being suffered,Id say yes. What do we do to get our crop out of the field? Make a new driveway and let him be?
If anything on your property was moved then this is a trespass on your neighbor's part. If the boundary and gate was shared for 20 years then it is quite like that an easement by prescription was created. At this point you should contact a real estate attorney and file a law suit for trespass and/or a lawsuit to quiet title for an easement to the shared area (if it exists). The suit should required your neighbor to restore to restore the gate. You should be able to get compensation for any financial loss you may have incurred
Please rate my response 3 or better so I may get compensation for my response. Rating my response will not cause additional charges to you. If you have follow up questions please ask.
Would I be breaking any laws if I took his fence down and continued to use the driveway, like we have been doing for over 20 years?
Is the fence blocking just your driveway ?
Was the arfea where the fence is a common area ?
The fence is where our gate use to be, so no its not a common area, is it?
No it goes into our field. He had his own gate to his pasture.
If you are sure it is on your property you can remove it. He has no right to encumber your property. You cannot however cause a "scene" if he objects. Unless you have a compelling need to remove it right away it would be better to have your neighbor remove it. Keep in mind if the survey is off and it is really his property it could cost you quite a bit. The court also may not like that you waited until the fence was erected to complain.
You should first ask him to remove it. If he will not, I would then tell your neighbor to remove it, or you will take legal action including payment of actual and punitive damages.
I would send him a letter certified mail asking him to remove the fence. If necessary follow up in a week as well, and then again in another week.
If no progress file a complaint in Court for Intentional Trespass to Land. Your complaint should ask for punitive damages as well as damages for blocking your access.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).