How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33714
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My neighbor put in a sprinker system, and put the drain

Customer Question

My neighbor put in a sprinker system, and put the drain valve for the backflow preventer on my side of the property, but within the public right-of-way for my property. The zoning office says this is legal, but I don't think so.
Irrigation systems are private, not part of the city's water mains.
Is this an intrusion on my property, i.e., an encroachment.
Can I request to have it removed ?
Thanks
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

You are right here. The neighbor has no legal right to encroach on your land with his personal property. The public right of way is something that typically allows utility companies to cross over your private land to reach their destination or install their utility lines underground. But their easement does not give the neighbor the right to trespass on your property.

.

So yes, you have a legal right to file suit against him for trespass and ejectment if you choose to do so and have a judge order him to move the drain or bear the cost of you having it done.

.

If you didn't want to jump right to litigation, you could have a local attorney send him a nasty "cease and desist" letter threatening to sue him and hold him liable for your legal fees if he didn't move it. Often just a letter from an attorney will "encourage" someone to rethink their position rather than potentially get dragged into court to lose.

.

.

thanks

Barrister

Related Real Estate Law Questions