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Neighbor expanded driveway and built new fence on my property

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PAcitizen

Junior Member
What is the name of your state (only U.S. law)? PA

When my family moved in, my neighbor had a fence along the back that was at least a foot on my property, and in order to be able to enclose his backyard, he had built an additional section of fence to connect directly to my house, running another 2 feet across my yard. A couple years later he decided, since we live in a city, that he wanted a wider driveway. I went outside one day to see some random worker digging 3 feet into my front yard. When I asked him what he was doing, he said that my neighbor had told him to make the driveway nice and wide. You can see exactly where the new cement is; he didn't even bother hiding it by repaving the whole thing. A few years later, the fence started to fall so he tore it down and, rather than pull out the old posts, just moved the entire fence over another 2 feet. Now, just last week, I parked in front of my house and my neighbor got my car towed, saying I had parked blocking his driveway. I know that I had been close to the driveway line, but even so, 3 feet of the driveway is still technically my property. I had a surveyor come down and map out the property a few years after we moved in since he was giving us trouble and I was afraid it would come to this. At this point I have just had enough, and would like to know what legal action I can take against him.
 


154NH773

Senior Member
Your first mistake was to allow any encroachments in the first place. When allowed to exist adversely for a period of time, the encroacher can gain legal “permission” to continue, or actually gain title to your property.

If you had a previous survey that included setting corner markers, you should locate those markers and make them visible to your neighbor. If you cannot locate any corner markers, get a surveyor to install new ones. Use copper grounding rods pounded 2-4 feet into the ground so your neighbor can’t remove them, or move them. Then you should have a lawyer write him a letter demanding removal of his fences, driveway paving, etc. from your property. Revoke any permission either explicit or implied that may have allowed him to utilize your property.

If he refuses, or claims the line is not where you say it is, show him your survey and point out the corner markers. If he continues to make false claims, your only recourse is to take him to court. Use a lawyer.
 

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