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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3596
Experience:  30 years of experience.
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Neighbor intruded on my property, tore down ivy which had

Customer Question

neighbor intruded on my property, tore down ivy which had been there for years, tore down my fence, then rented the space out. He has been a friendly guy, but he has encroached and built over the property line before. Now this thing is a real property value issue. Before I hire a lawyer, what can I do?
JA: Do the property lines match those described in the deed?
Customer: No..the property deed is distinct. It says that the property line is obvious and is marked on the front of the property by a brass tact in the sidewalk, behind the property it is not so distinct because the city of Long Beach has done some sewer improvement construction which has taken away the exact mark.
JA: Where is the property located?
Customer: Long Beach,Ca on Naples Island, 90803. My address is 50 Via Di Roma walk, and my neighbor's is 54 Via Di Roma Walk, LB, 90803.
JA: Anything else you want the lawyer to know before I connect you?
Customer: mainly that the work my neighbor has done over the property line has been done when I was at work or away...certainly not with my permission. I have contacted the man who my neighbor hired, and he did say that,even though
Submitted: 7 days ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 7 days ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 7 days ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You need to act on this so that he does not create a "Adverse Possession" claim over time.

The first step is to get a proper survey completed by a certified surveyor. Once you have that information you need to send him a demand letter requiring him to remove the structure from your property and reimburse you for the costs of replacing your fence and replacing your IVY.

Send the letter by Certified Mail so that you have proof of receipt.

If that does not work you will have to sue him for trespass and damages.

This article describes how to write a Demand Letter:

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

You can use this link to find a local attorney:

http://lawyers.findlaw.com/lawyer/firm/real-estate-law/long-beach/california

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Customer: replied 7 days ago.
thank you ...this does make sense to me. A surveyor is a bit costly, which is the reason I have not done this before, on the advice of a trusted friend. My immediate concern financially speaking, is to build a new fence, however I think , for the sake of my children who will inherit the property, the investment in the survey may be the best idea . Thanks for helping me!
Expert:  Gerald-Esquire replied 7 days ago.

Without the survey you can not force him off your land.

Also you need to make sure that he does not claim the land as his own.

Kind regards,

Gerald

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