If my neighbor is building on his property but has encroached on my mine, what is my recourse, if any?

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If my neighbor is building on his property but has encroached on my mine, what is my recourse, if any?

He is digging part of my back corner and scraping. In the past he has mowed everything. I’ve planted 2 feet on my side of the property line.

Asked on September 29, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

He has no legal right to do this: it is your property, and on one can encroach on it. You can do either or both of the following:
1) Sue him seeking a court order requiring him to stop what he is doing immediately.
2) Sue him for monetary compensation, such as your cost to restore or repair the property.
As stated, neighbor has no right to encroach on your property. Be advised that if you sue, you must be prepared that you need to have your property re-surveyed and to have the surveyor testify in court, to prove the boundaries if he disputes them or claims your deed is wrong.


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