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My land has been surveyed and I own my driveway. My deed states…

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My land has been surveyed...
My land has been surveyed and I own my driveway. My deed states I must give my neighbor ingress and egress. There is a tree in the middle of my driveway which I own. I wanted to put up no trespassing and beware of the dog signs. I have a dog and they have dogs. I have had problems with beer bottles and metal rods, cement weights, trash and miscellaneous items being placed on my driveway by these particular neighbors. I asked them to stop doing it and if their kids were doing it they needed to stop in fear of damaging my car and the nuisance to me having to get out of my car to remove things. They denied doing anything when question by police and said I was only upset because I am trying to sell my house, which I am and do having prospective buyer in and out of my driveway. Later they admitted to me the kids were doing it. My neighbor tore the signs down, ripped them up and threw them on my driveway. He says he owns the tree and he owns the driveway also because of the egress, ingress. The part of the driveway where they need to get out to the road is closest to the road. This particular tree in the driveway is past their point of egress, ingress. I have called police and they say I must prove I own the driveway and I must have it surveyed. I have shown them the deed and the survey from the county records. They told me once I put signs up they could then do something and if the neighbor comes into my yard they can do something. I put the signs up>> the neighbor tore them down and then drove his fourwheeler in circles in my yard laughing. I called the police they pretty much told me if you have a problem take them to civil court we can't do anything. There is much more to this story. I am selling my home and now they are knocking down my Remax sign out by the road. I feel helpless. There is more aggrevasion to this story.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 2 minutes by:
6/25/2010
Criminal Lawyer: Michael J, Esq., Lawyer replied 8 years ago
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,514
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

I'm sorry to hear about your situation. What is your legal question?

Thanks,

Michael
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Customer reply replied 8 years ago
Is there anything I can do to have rights to the land I own?
Criminal Lawyer: Michael J, Esq., Lawyer replied 8 years ago

Unfortunately, it sounds like you have done everything you can do. If you have neighbors that are trespassing on your property and tearing up your yard, the police should take a report from you and file charges against them for destruction of property. I don't understand why they won't help you out there.

If the police won't help, your only other option is to file a civil suit against the neighbors for the destruction of the property along with the signs. Just because they have a right of ingress and egress through YOUR driveway does not mean that they can tear down whatever they want situation on the driveway. It is still yours. My suggestion would be to get the police to help, and move on to a civil suit if that doesn't work.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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Customer reply replied 8 years ago
The police will not help and everything they have told me to do to enable them to be able to help me fell by the wayside after I did it. I guess if they decide my home pool is theirs also they can have at it. You haven't told me anything new. What do you do when the police won't enforce your rights as a land owner? The lawyers I have spoken to have said it will cost me a lot since it is considered a matter of principle and I probably wouldn't be happy with the outcome. Why do I have to go to civil court? Shouldn't a land survey and deed be enough for the police to do something since they are violating my rights as a property owner. I don't understand why I have to spend money to prove something which is written in black and white. By the way is this 15 dollars a one time thing? I don't want to do this monthly. Thanks
Criminal Lawyer: Michael J, Esq., Lawyer replied 8 years ago

Yes, the deed should be enough. If the driveway is yours, the neighbors shouldn't be able to do as they please. If the police won't help you, unfortunately there is no way to force them. Your next move is civil court. I'm sorry.

Yes, the $15 is a one time fee.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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Criminal Lawyer: Michael J, Esq., Lawyer replied 8 years ago
Remember, I can only tell you what the law says. If you are not satisfied, you do not have to hit ACCEPT. I would rather no accept than an accept for something you didn't find helpful

Michael
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Customer reply replied 8 years ago
I am not happy with the answer it didn't help me any. sorry
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,866
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

Have you tried going over the heads of the police, visiting your local prosecutor's office and applying for a protective order? They might have the right to share some of your land, but they don't have the right to systematically deliberately harass you.
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