neighbor driveway extension is over on our right-of-way area

[csi7]

What is the name of your state (only U.S. law)? Florida
The neighbor poured a driveway extension over on our right-of-way area. The local county road and engineering department has refused to help resolve this issue even though the neighbor did not get a right-of-way permit before the contractor poured the driveway. We told the contractor to keep it on his side of the property marker. The contractor agreed. The next day, I came home from work with the "apron" poured way over on the right-of-way area. The major portion of the apron was removed. The portion of the driveway which is still over in the right-of-way area is apparent since the spite fence was put up last month. The neighbor has one row of retaining wall bricks up along the fence behind the fence and where the fence posts were placed closer than the width of the retaining wall bricks, there are regular paving bricks placed behind the 4x4 posts. Can anyone provide help? Thank you.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Florida
The neighbor poured a driveway extension over on our right-of-way area. The local county road and engineering department has refused to help resolve this issue even though the neighbor did not get a right-of-way permit before the contractor poured the driveway. We told the contractor to keep it on his side of the property marker. The contractor agreed. The next day, I came home from work with the "apron" poured way over on the right-of-way area. The major portion of the apron was removed. The portion of the driveway which is still over in the right-of-way area is apparent since the spite fence was put up last month. The neighbor has one row of retaining wall bricks up along the fence behind the fence and where the fence posts were placed closer than the width of the retaining wall bricks, there are regular paving bricks placed behind the 4x4 posts. Can anyone provide help? Thank you.What is the name of your state (only U.S. law)?

Keep after the municipality(ies)

 

[tgibson]

Dealing with a very similar issue, only my neighbor has connected gravel from his primary concrete driveway down 60 ft to my asphalt driveway and city curb cut. I have an abnormally large curb cut and apron measuring a little over 55ft, 10ft of this 'turn around' portion lies encroaching on his property. A survey done tuesday reveals this, turning my attention over to the city. https://forum.freeadvice.com/neighbors-boundaries-108/driveway-encroachment-494478.html. Best wishes, let me know what happens!

 

[csi7]

commission member is involved-finally

I found a commission member who is willing to have the matter researched. Thank you for your help.

 

[csi7]

I did keep after the county commissioner's office and the departments that answer to them. I have more questions that I am hoping someone can guide me in the right direction.

I have title insurance property survey recorded. I don't know how this will help.

Restrictive covenants are not enforceable by code enforcement, but are recorded at courthouse.

However, I have asked the county to do their survey since their answer, in writing differs by 6 inches. The last heavy rainfall was observed by the county, and shows the runoff to be a problem on our property.

In addition, the neighbor's fence is above the ground high enough at the back corner to where the water rushes as a gully, creating additional soil erosion and exposing our fence posts to the cement anchoring them.

Their fence is in direct violation of the restrictive covenants (no fences, walls will be located in front of the main dwelling, and theirs goes out to the property marker (which is in cement). Their property survey was done by the same surveyor, but with a different title company and was not recorded at the courthouse.

The driveway addition in the easement area is not typical and is possible originator for our washout problems from the run-off.

Not sure what else to ask.

Thank you for any help.