What to Do When a Neighbor Removes Part of Your Lawn for a Bigger Driveway

Lawn encroachment is a common property issue that can lead to disputes between neighbors. If a neighbor removed part of your lawn and plans to use it as a bigger driveway, it's crucial to take the right steps to protect your property. This article will guide you on how to handle such a situation effectively.

Understanding Your Property Line

The key to resolving any property dispute is understanding exactly where your property line is. Often, neighbors may not agree on where the line is, and this can lead to misunderstandings and encroachment. If you're unsure about where your property line is, it's best to have a professional survey conducted. This will clearly delineate your property boundaries and provide an accurate starting point for any negotiations or legal actions.

Legal Advice and Property Survey

If you're certain about the property line, it's still a good idea to have a boundary survey done by a reputable and licensed surveyor. This can help establish who owns the disputed lawn space and who has the legal right to build a driveway. Once you have the survey results, you might want to consult with a lawyer to understand your rights and the possible legal actions you can take.

What to Say to Your Neighbor

You should promptly address the issue with your neighbor and inform them that you will have the property surveyed. If the survey confirms that the disputed space is part of your property, you have two main options:

Have the neighbor either remove the driveway and reimburse you for the cost or purchase the land for a fair price (e.g., $50,000 in cash). Allow the neighbor to continue with the driveway, but request that they fence the area 3 inches into your property to mark the line.

If the neighbor continues to work on your lawn without stopping, you can start taking legal and practical measures. Here are the steps you should follow:

Immediate Legal and Practical Actions

1. Contact the Police: File a trespassing and damage complaint immediately. It's important to assert legal control over the violation, so do not begin by being "friendly." Inform your local law enforcement about the situation and their ongoing activities on your property.

2. Document All Damage: Take photos and keep written records of any damage caused. This will help in any legal proceedings and provide evidence of the encroachment and property damage.

3. Contact the City: Inform the city authorities that the neighbor does not have proper building plans for the driveway. Compliance is required for any construction work, and the city can help address the issue.

4. Consult a Lawyer: Prepare to engage a solicitor if the neighbor refuses to remove the driveway or reimburse you. Your lawyer can make the necessary legal presentations to your neighbor and the authorities to protect your property rights.

Conclusion

Resolving a property dispute is not always easy and can be time-consuming and costly. However, taking prompt and decisive action is essential to protecting your property rights. Always document everything and be prepared to take legal action if necessary. Remember, the neighbor who encroaches on your property is taking a risk; you can legally protect your space and hold them accountable.

Keywords: property survey, legal advice, driveway encroachment, trespassing, property dispute