Cn you tell me why attorney’s do like to deal with the matter of encroachment? Isn’t it just as important as any other legal matter?

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Cn you tell me why attorney’s do like to deal with the matter of encroachment? Isn’t it just as important as any other legal matter?

I am rebuilding my house and had a recent land survey done to find that my neighbor is encroaching my property with his fence by a foot onto my land from rear to 3/4 of the length of the property line. What legal recourse might I have in obtaining my land back. If a law suit is ensued, can this be costly? What would be my next step in trying to resolve this situation?

Asked on June 19, 2009 under Real Estate Law, Louisiana

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a few options.  You can file a lawsuit against the neighbor and spend 15-20K litigation the issue.  Or you can ask your neighbor to pay you for the encraochment and find out what that would cost by doing an appraisal.  You can let it be and not do anything if this is not that big of a deal.  The path of leaset resistance is the best way to go here.  You should find about if your neighbor will pay for the encroachment.  If not, then you can file a lawsuit seeking that the fence be taken down.  you will spend money here to litigate this issue, even if you win.  If you file suit though,you will be making an enemy.  See what you can do to negotiate and avoid suit.


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