What to do ifmy next door neighbor has his deck on my land and refuses to move it?

I tried to talk to no avail. I sent him a letter but nothing. I can’t afford lawyer fix.

Asked on October 24, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your neighbor has his deck on your land without your consent, you run the likely risk that your neighbor can end up with a precriptive easement over your property where his deck is located. I would write him one last letter requesting that he either move the deck from your property or run the risk of being in litigation for a trespass to your property.

Keep a copy of the letter for future need.

If you cannot afford a lawyer, I recommend that you contact your county bar association to see if it provides any legal clinics to assist people like you in filing a lawsuit for trespass and injunctive relief against your neighbor concerning the deck issue.

Good luck.


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