What to do if I need to survey my property without the neighbors calling the police on me for trespass?

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What to do if I need to survey my property without the neighbors calling the police on me for trespass?

The neighbor owns 9/10th acre completely surrounded by my property except for road frontage. The neighbor fully acknowledges that he owns only .9 acres and agrees that the deeds are correct, but in his mind that size plot must be vast and extend many hundreds of feet from his house. So anyone within sight must needs be trespassing. When I attempt to survey the boundary (with a professional surveyor) the neighbor calls the police and complains that I am trespassing on his property. I need to survey my property unencumbered by having the police called out. What is the court form I need to file to ask the court restrain the neighbor and police from

Asked on October 25, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no specific court form; however, what you can do is bring a legal action for declaratory and injunctive relief. The declaratory relief would be a court declaration or determination that the deeds are correct and you may survey (or do anything else generally legal) on your property; the injunction would be a court order that the neighbor stop calling the police on you when you attempt to survey the land. A real estate attorney can help you.


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