What recourse do I have to remove a neighbor’s encroachment on my land?

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What recourse do I have to remove a neighbor’s encroachment on my land?

My neighbor has 9 acres; our properties share the same boundary line. My neighbor’s property has 2 hills and a valley between them. He has easement to his property on the first hill. Instead of building a road between the 2 hills on his property, he built a road to access the second hill from my property. He has no easement to cross my property to access the second hill but built the driveway anyway.

Asked on March 24, 2011 under Real Estate Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You will need to bring an action against him in court to have him remove the encroachment.  Try speaking with him first and advise him that the road is on your land.  Tell him that you do not wish it to be there and he did not ask permission.  See what he says. Probably will ignore you. You have every right to block the road and his access to it.  It is on your land.  Do not block the access to his land though, ok?  And maybe speak with the lawyer and ask him or her to write a letter first before you go blocking anything.  Bring all the paperwork you have regarding your claims here.  The attorney will need to read it all carefully. Good luck to you.


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