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Can I sue my neighbor for moving my corner marker and

Customer Question
Can I sue my...

Can I sue my neighbor for moving my corner marker and removing trees i planted on my property. When I moved in, he was told what property line was. He told me, what I already knew, The trees are mine, now there not? I have MS and he harrassed me a lot about it

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Have contacted free legal clinic. They told me, well, he's living there longer. He has no idea what the property line is. I know exactly. Had a survey done. The survey had breach of contract, because I told them my property was changed on purpose and they contacted this guy stealing my land to get check the markers. There is a marker 2 properties down that confirms I am correct. Tried another lawyer and all he did was communicate with the person I am problems with and he built a fence around his pool and then told me, I can't do anything about my property. There is a lot more. The neighbor across the street is a friend of the person I am problems with. Just turns out, he showed up at my property every time the surveyor did. It's a mess. I have 2 college degrees and had been a area manager for a national lawn care company. Measured hundreds of properties and gave estimates.

Lawyer's Assistant: Have you talked to a MS lawyer about this?

No, should I contact a disability attorney?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thank you so much for your help. Happy Spring!

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/19/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks very much or your patience.

I'm sorry to hear about your situation. This appears to be a trespass to land if your neighbor came on your land to move the markers. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

If he moved property that belonged to you such as your corner markers and trees, then this appears to be a trespass to chattels (personal property). This occurs when there is an interference with the personal property rights of another. This means that if someone does not have the legal authority to interfere with the possession of personal property of another, then the trespass occurs. Usually, the measure of damages is the fair market value of the property at the time of trespass. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award. You may want to consider just writing a formal demand letter advising that the property should be returned ASAP There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. What else can I help you with today?

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