Incursion….What to do when neighbor has destroyed fence, and built a shed extending over the property line

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Incursion….What to do when neighbor has destroyed fence, and built a shed extending over the property line

Had professional survey done, and shows neighbors buildings on my property….what is best next step?

Asked on August 18, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue him. You would bring a complaint (that's the document that starts a lawsuit) simultaneously seeking: 
1) a declaratory judgment, or court determination confirming the property line, to fix the boundary;
2) injunctive relief, or a court order that the neighbor remove his shed--you need this to make the shed go away; and
3) monetary compensation for the cost to rebuild/restore your fence.
Bringing actions for declaratatory judgments and injunctive relief are more complex than suing only for money; you are advised to retain an attorney to help you.


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