My neighbor had their property surveyed after they put in a double wide driveway.

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My neighbor had their property surveyed after they put in a double wide driveway.

Now they are six feet on my property and I want my property back. Was a gift to
me from my now deceased parents. I walked the property with the surveyor and the
neighbor. I have been here since 1961 so I know pretty much what is what. Now
they have moved the stakes and positioned them so that they can have what they
want and have gotten in my face telling me to have it surveyed myself. What are
my options.

Asked on May 12, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have to sue them--when two people or parties disagree about boundaries, only a court can render a binding, legally enforceable decision. You can bring a lawsuit seeking some or all of: a declaratory judgment (court determination) as to the boundaries; a court order requiring them to remove anything on your land and repair any damage to your property; and/or monetary compensation equivelant to the fair value of any use they made of your property without your permission. You will need to have a professional survey done, however, for the lawsuit: the court will NOT accept your layperson and self-interested opinion as to "what is what." You will need a professional survey as evidence, and to have the surveyor testify in court to present his findings and opinion.


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