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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29814
Experience:  JA Mentor
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How do i solve a property dispute? i live next door to the

Customer Question

how do i solve a property dispute ? i live next door to the CRAZIEST people !! i have had my property surveyed by a state licensed company twice and these people have pulled up the stakes and dug up the rebar twice !! they have even pulled up my mailbox ( that has been in the same place for over 20 years !) and all my mature plants around it and threw it all on the other side of my driveway and broke my mailbox and killed my plants. i have had numerous plants and trees stolen from that side of my house ,. i am at my wits end and there seems to be NO ONE to help me. the police know they are guilty of these offenses i even have it in writing that they did these things. the police and courts can't do anything against these people ( !! ?? ! ) how is this able to happen? pull up survey stakes 2x - pull up someones mailbox ? can you imagine if this happened to you? please help me and my family.....
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: huntersville, north carolina
JA: Have you talked to a lawyer yet?
Customer: can't find anyone to take this... seems like they just want to do real estate closings etc. plus i can't afford expensive lawyer fees, i teach preschool and my husband is disabled
JA: Anything else you think the lawyer should know?
Customer: other then they are still pulling up plants ( which i have stopped planting on that side ) and now they mow my lawn on the side next to them - like it is their property !!! they don't do it when i am home ( my work schedule is pretty predictable ) you can see the mow mark where they mow my lawn ! they know where the property line is since they pull the surveying markers out !so i think they think they are untouchable - which actually i am thinking that also. what the heck..
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You can sue your neighbor for trespass and nuisance. Trespass is when someone enters your property without your consent. There's no intent element to this offense, so it doesn't matter if they thought it was their property when they entered. They can be required to pay the price of restoring your mailbox and putting back your rebar and all your plants. You may also want to consider asking the judge to order them to pay half the price of a fence, because that could help make this problem go away once you get a court order.

Nuisance is what occurs when someone interferes with his neighbor's use and enjoyment of their property. Your neighbors are creating a public nuisance, and they have no legal right to do that. The judge can enter penalties against them for harassing you and destroying your property. Even if their dispute over the property line were legitimate, they're not allowed to do that. Their option is to take you to court to verify where the property line is.

"Real estate lawyers" tend to handle property closings, so that's not what you're looking for here. If you want to ask how much a lawyer would charge you to handle this type of case, try looking for a litigation attorney, or one who advertises handling intentional torts. That's what this type of case is. Because you can ask your neighbor for punitive damages, it may be possible to find a lawyer to take the case on contingency (but you can also file on your own). But you can also check sites like and to see if they have anything that might help. Or if there is a law library near you, the librarians can help you find books of forms that you can use to draft and file your own complaint. You're also allowed to ask that they reimburse your filing fees if you win.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 11 months ago.

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