Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My neighbor after abattle(which I won after an $18000 cost…

My neighbor after a*****battle(which...

My neighbor after a*****battle(which I won after an $18000 cost in legal fee"s) has know started filling in an area in front of my property (an easement) will gravel etc.--saying he is doing this so I can park in front of my property without walking in water after a heavy rain..This property is a vacant lot that I have owned an maintained for over 40 years--I do not park there except when I go over to do maintenance on the lot--he however has taken to parking in front of my lot even tho he has a drive way in front of his home. Have talked with him an told him I don't want him to do anything on my easement. I have in the passed sent him a certified letter telling him I was putting him on trespassing notice (because after the court suit was settled he continued to mow on my property--even tho I put a fence up). After the official trespassing notice was sent to him. He stopped trying to work on my lot -but has now decided to work on my easement. I'm not sure what I can do to get him to stop. I don't want to go into a lot more legal expenses.

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

No-I have notified our Island livability office an I plan on writing an sending him a cert. letter to stop all active on my easement. I was just wondering what more I could do?

Lawyer's Assistant: Where is the vacant lot located?

In a subdivision on the Isle Of Palms Sc 29451

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

The legal suite I won was because the neighbor was trying to assume approximately 1/8 of my large lot- because I had let 5 previous owners mow a small section of my lot without objection--The neighbor brought his house an lot out of bankruptcy. He then proceeded to try to get that piece of property through adverse possession. He had to try an show 20 years of continuous maintenance, which he could not do. This easement is considered my property for maintenance but I hear from the livabilty court that the state has certain rights to that section of the property.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
5/17/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,970
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question

I am sorry to hear this;

Of course one can seek a restraining order and request attorney fees and costs but it sounds like the emotional cost is not worth it;

one may also contact the local law enforcement agency and report trespass per the following statute:

SECTION 16-11-520. Malicious injury to tree, house, outside fence, or fixture; trespass upon real property.

(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;

(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
The information was helpful. But it appears that if he keeps up after I have made further contact with our livability court here on the Island, an sent my cert. letter to him, I will need to seek legal services from a local attorney. I thank you for your time an advise.
Customer reply replied 3 months ago
Sir, I thought your advise was an additional 31$ plus my good faith 5$ fee?? How did you come up with $59??

Unfortunately if local law enforcement will not pursue charges under the trespassing code then unfortunately that is correct;

I'm sorry - I don't have access to the billing - i believe you may be referencing the additional charge for the automated phone call request (which I don't participate in so any follow up questions can be addressed on this page).

If you have any billing issues please contact customer service at

ww2.justanswer.com/help.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,970
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,970
13,970 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
There is an easement on the eastern 10 ft. Of my property to
There is an easement on the eastern 10 ft. Of my property to access the lot behind mine. The owner of the property behind mine pulls into my driveway and crosses my front yard going from west to east … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a cemented private road approx. 1 city block that
I have a cemented private road approx. 1 city block long that connects to my gravel driveway my home is on a dead end its 40ft. straight across my neighbor in front of me owns 20ft. and I own 20ft its… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I do have a question in regards with my rights on easement
I do have a question in regards ***** ***** rights on easement on my rental property. … read more
legalgems
legalgems
Arbitrator
Juris Doctorate
13,970 satisfied customers
I live in Texas at the end of a private road, I want to
I live in Texas at the end of a private road, I want to close the road off on my end to keep people from driving thru my yard. The grave road stops where my property begins so the road in front of my … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I own a property which has a 300' ingress/egress perpetual
I own a property which has a 300' ingress/egress perpetual easement. The easement is part of my real estate title to the property. I am the easement holder and the dominant estate. The servient estate… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Land lock neighbor has a easement thru my property. Can he
Land lock neighbor has a easement thru my property. Can he bury his electric power cable for the home he wants to build and gravel this easement for the heavy trucks to build his home? Frank Schwartz … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,463 satisfied customers
I have a strip of land along an easement where my driveway
I have a strip of land along an easement where my driveway runs through a property to access my land in Clark country WA. The strip of land is about 5' wide x 250' long with a fence and a hedge along … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Pennsylvania. My neighbor has an "easement of ingress and egress"
Pennsylvania. My neighbor has an "easement of ingress and egress" from her property across mine and several others won in court 20 years ago. There was once a railroad, so it was a recorded road. Ther… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I live in Albemarle County,. I own property with state road
I live in Albemarle County, Virginia. I own property with state road frontage. My neighbor, across the road from me, insists on mowing the grass on the shoulder on my side of the road--the portion dir… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I just found out I own the piece of property across the street
I just found out I own the piece of property across the street from me. I have owned this for 5 years. The guy behind me that owns the trailer park has been mowing it all this time. I have been paying… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have an easement into my property, in the ajoing lot my neighbor
I have an easement into my property, in the ajoing lot my neighbor to spite me for building a house in the "view" of the mountains are allowing a friend of theirs to operate a gravel business using my… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I live in a rural area just outside Stillwater, Oklahoma. There
I live in a rural area just outside Stillwater, Oklahoma. There is a quarter mile driveway to my home, in which half of it is a 45' easement. For 28 years I have maintained and kept the easement mowed… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I share a 50ft easement with a bordering neighbor. There is
I share a 50ft easement with a bordering neighbor. There is a center line which splits the 50ft. I pay taxes on my 25ft and they pay taxes 0n their 25ft. I use and maintain my share of the easement be… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Not sure if this is the correct category. I live on a gravel
Not sure if this is the correct category. I live on a gravel road that is not maintained by clackamas county oregon. My address is 16555 S Copley Court, Oregon City OR 97045. The road that boarders my… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
We live in WA, and we have a 30ft easement for ingress and
We live in WA, and we have a 30ft easement for ingress and egress over our neighbors property. We have always laid fresh gravel every year and filled pot holes etc, the neighbor has also planted apple… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
A neighbor of mine has been using the end of my driveway to
A neighbor of mine has been using the end of my driveway to access the county road even though he has another entrance from the other side. According to the county land plat, my property includes the … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have notified my neighbor who lives in a home situated behind
I have notified my neighbor who lives in a home situated behind my home to stop trespassing through my property as a shortcut to get to his property. My neighbor's house fronts on a street parallel to… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
Hello, I am the landowner with an easement on my property
Hello, I am the landowner with an easement on my property owned by the dominant of the adjacent property. The dominant wants to lay gravel on the easement on my property. I do not want my road to be a… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x