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Sue for trespassing?

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kl323

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

Hello all,

My neighbor recently had some construction work. I have a few issues with that. (1) I was never notified that said neighbor would tear down the fence that divides our property in the back. For the duration of the construction, my house was left opened to possibility of intrusion. (2) His contractors clearly stepped on to my property to tear down an adjacent gate which lies next to this fence during the whole construction process. Although I don't have any video or photo evidence of them trespassing, the fact that this gate was torn down, must have meant them taking down my property without my permission. I called the police at the time during the construction and was told that this was no criminal matter because the neighbor already agreed to repair any damages that was done and to replace said gate. Although this isn't completely a monetary issue, my biggest concern is that he knowingly allowed his contractors to proceed with their construction and takedowns without my permission. My property was burglarized in the past, which makes my family especially weary of situations like this.

Do we have a case of any legal proceedings against him/contractors for trespass? I have an inkling some may reply that this is an issue that shouldn't even be in court especially if corrections will be made if the neighbor agrees. But I want to explore my possible options and means of protecting my family and I down the line. i do not want this to set a precedent for him to do whatever he wants whenever he wants, especially with matters that will affect my family's wellbeing/safety and my property.

Thank you for your time and attention! any advice would be greatly appreciated!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

Hello all,

My neighbor recently had some construction work. I have a few issues with that. (1) I was never notified that said neighbor would tear down the fence that divides our property in the back. For the duration of the construction, my house was left opened to possibility of intrusion. (2) His contractors clearly stepped on to my property to tear down an adjacent gate which lies next to this fence during the whole construction process. Although I don't have any video or photo evidence of them trespassing, the fact that this gate was torn down, must have meant them taking down my property without my permission. I called the police at the time during the construction and was told that this was no criminal matter because the neighbor already agreed to repair any damages that was done and to replace said gate. Although this isn't completely a monetary issue, my biggest concern is that he knowingly allowed his contractors to proceed with their construction and takedowns without my permission. My property was burglarized in the past, which makes my family especially weary of situations like this.

Do we have a case of any legal proceedings against him/contractors for trespass? I have an inkling some may reply that this is an issue that shouldn't even be in court especially if corrections will be made if the neighbor agrees. But I want to explore my possible options and means of protecting my family and I down the line. i do not want this to set a precedent for him to do whatever he wants whenever he wants, especially with matters that will affect my family's wellbeing/safety and my property.

Thank you for your time and attention! any advice would be greatly appreciated!
If you sue, it would be for the cost to repair the damage he did. He's already offered to pay for any damage. Why would you need to sue?
 

TigerD

Senior Member
If you sue, it would be for the cost to repair the damage he did. He's already offered to pay for any damage. Why would you need to sue?

Not necessarily. When nominal damages are awarded for an intentional trespass to land punitive damages may also be awarded. Jacque v. SteenBerg Homes Inc., 563 N.W. 2d 154 (Wis. 1997).

Here is a law journal article that may help:
http://columbialawreview.org/wp-content/uploads/2012/07/111-5_Depoorter_B.pdf

DC
 

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