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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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I called the police and reported the presence of trespassers (unlawfull use of land and pl

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I called the police and reported the presence of trespassers (unlawfull use of land and placement of boat dock on my land by neighbor) and was told it was a civil matter. How should i proceed

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

This involves a neighbor who believes they have a right to use your property for some reason? What was their response to your letter or your meeting?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

they said 3 yrs ago i orally said they could use this land not true i said they would need a legal doc to set up some form of use (liability ect.)

and they did not do this

I see. Thank you for clarifying the situation.

An interest in real property must normally be in writing based on the statute of frauds and since they have no such writing, a court would typically find that they are trespassing on your property and require them to remove themselves and any of their personal property from your land.

What you typically need to do under these circumstances is to file a petition in the local court seeking an injunction against the intruders, prohibiting them from entering your property. You can also seek an award of damages against them if they have damaged your property in some manner.

A demand letter from a local attorney may be enough to resolve the matter if they wish to avoid a lawsuit. If not, then a lawsuit would typically be necessary, seeking a court order preventing them from entering on or using your property.

Here is a link which provides a sample complaint, but it would be best to retain a local real estate law attorney to represent you in this matter:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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