Driveway and Trees/Bushes Put on My Property

[mlmelmo]

What is the name of your state? New Jersey

My neighbor has planted some bushes/trees on my property and put part of their driveway on my property. When we saw what they did we went over and told them we thought it was on our property and they disagreed. We paid for a survey and had markers put down to prove the driveway was in our yard. The neighbors have yet to correct the situation.

The driveway swings out and at one point is more than 18 inches on our property. Can I just remove the driveway from my property or do I have to give some written notice with a time for them to act.

The trees may be on the property line (half on our side half on theirs) - hard to tell since I cannot "pull a line" between the markers given the trees/bushes are in the way. Can I just remove the trees and place them back on their property or do I have to give some written notice with a time for them to act.

Thanks for your help...

 

[divgradcurl]

What is the name of your state? New Jersey

My neighbor has planted some bushes/trees on my property and put part of their driveway on my property. When we saw what they did we went over and told them we thought it was on our property and they disagreed. We paid for a survey and had markers put down to prove the driveway was in our yard. The neighbors have yet to correct the situation.

The driveway swings out and at one point is more than 18 inches on our property. Can I just remove the driveway from my property or do I have to give some written notice with a time for them to act.

The trees may be on the property line (half on our side half on theirs) - hard to tell since I cannot "pull a line" between the markers given the trees/bushes are in the way. Can I just remove the trees and place them back on their property or do I have to give some written notice with a time for them to act.

Thanks for your help...

You need to give them time and notice. Send them a letter, certified, so that, if it becomes necessary, you can prove that you sent a letter and they received it. Give them some time to correct the encroachment before doing anything yourself.

 

[mlmelmo]

Will send certified...couple of follow-up questions:

1. What is a reasonable amount of time, I was thinking two weeks (or less)...

2. If we have to have the items removed ourselves after that reasonable time, can the cost for doing that be re-couped? Assume that would mean small claims court (which may not be worth it)?

3. They were "sure" the driveway and other items were on their property (though they had no idea where the corner markets were) so they would not discuss the possibility of those items being on our property. We had to pay for a survey to prove it. Can the cost for doing a new survey and having markers put in to prove they were wrong? Basically, WE just paid to have a property line put in so they would know where to put THEIR driveway, does not feel right.

 

[divgradcurl]

1. What is a reasonable amount of time, I was thinking two weeks (or less)...

You will want to make it at least two weeks. Better safe than sorry.

2. If we have to have the items removed ourselves after that reasonable time, can the cost for doing that be re-couped? Assume that would mean small claims court (which may not be worth it)?

Generally correct, although if you do the relocation yourself, you will only be able to recoup your actual costs, and not what it would have cost to hire a pro. And yes, if they refuse to pay, small claims court is your next step.

3. They were "sure" the driveway and other items were on their property (though they had no idea where the corner markets were) so they would not discuss the possibility of those items being on our property. We had to pay for a survey to prove it. Can the cost for doing a new survey and having markers put in to prove they were wrong? Basically, WE just paid to have a property line put in so they would know where to put THEIR driveway, does not feel right.

It is unlikely you will be able to recoup the cost of the survey, but you should include it in any small claims action anyway, just in case.