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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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THERE IS A RIGHT AWAY IN FRONT OF HOUSE ALEAST 100 FOOT

Customer Question

THERE IS A RIGHT AWAY IN FRONT OF HOUSE ALEAST 100 FOOT DESIGNATED BY TWO BOUNDRY MARKER WHICH WAS PUT IN BY A LEGAL SURVEY AND BONDED COMPANY.
NOW THE NEIBOR HAS PUT STACKS ON RIGHT AWAY IN FRONT OF OUR HOUSE WHICH NOW BLOCK ACCES TO MOST OF RIGHT AWAY. WHAT CAN WE DO TO STOP THIS
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
DO THEY HAVE A LEGAL RIGHT TO DO THIS?
Expert:  socrateaser replied 1 year ago.

Hello,

Can you please clarify what you mean by, "stacks?" I want to be certain that I understand exactly what the neighbor has allegedly done.

Thanks in advance.

Customer: replied 1 year ago.
that these stacks are marker where he planning on to put post in place which to support a fence which to block our 100 foot right away access, to our property, we paid for the survey to locate our original property bound.
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

You can send the neighbor a letter stating that unless he/she immediately removes the impediments to your right of way, and ceases further interference, that you will have no choice but to sue for damages for the invasion of your property rights. The letter will put the neighbor on notice that you believe the construction of a fence is unlawful.

That way, if and when you actually sue, the neighbor won't be able to claim ignorance and that provides you with a potential claim for punitive damages, which could cover your legal expenses, if you have to hire a lawyer to sue in your behalf.

Send the letter certified mail return receipt requested, so that there's proof the letter was received.

If you need a link to a reputable lawyer referral service, please let me know, and I'll be happy to provide further info.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.