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legalgems, Arbitrator
Category: Real Estate Law
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Experience:  Just Answer consultant at Self employed
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Intrusive neighbor built driveway over property line.

Customer Question

Intrusive neighbor built driveway over property line. Covered permanent boundary markers. His construction crew used my driveway to park equipment, dropped asphalt in my driveway and neighbor also parked his car in my driveway several times after being told by me not to do so.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  legalgems replied 12 months ago.

There are 2 types of trespass, civil and criminal.

Here is the statute governing criminal trespass.

Expert:  legalgems replied 12 months ago.

For civil trespass, the elements are:

an unlawful intrusion or invasion upon a property,

intent of intrusion,


consequent injury to an owner.

The trespasser defendant may be liable for damages incurred as a result of the trespass- ie removing any permanent objects, any damage to the area, etc.

Expert:  legalgems replied 12 months ago.

A trespass becomes intentional when the acts were done with knowledge that a trespass would result. It is not required that the acts were done for the specific purpose of causing a trespass or injury.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

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