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My neighbor is illegally putting down concrete next to my…

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My neighbor is illegally putting...
My neighbor is illegally putting down concrete next to my fence and coming across my fence line. When I put my fence app I put it six in this side of my property line now they are pouring concrete without a permit and it is passing my fence line and coming right up next to my fence I need help
Submitted: 28 days ago.Category: Real Estate Law
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5/25/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 28 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,332
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 28 days ago

This appears to be a trespass to land because they are letting the concrete ontoy our land. 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).

You may want to consider just writing a formal demand letter that they remove the concrete immediately or face a lawsuit. 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. How else can I help you today?

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Customer reply replied 28 days ago
This did not help me thank you anyway please cancel my membership effective today
Real Estate Lawyer: Legal Eagle, Lawyer replied 28 days ago

I'm sorry to hear about that. How else could I help you? We can have a dialogue about this. Please keep in mind that I only have very, very limited information. What is it that I could assist you with?

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Customer reply replied 28 days ago
Np
Real Estate Lawyer: Legal Eagle, Lawyer replied 28 days ago

Is there something that is confusing or concerning about my answer? Is there additional information you'd like to provide?

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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).

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