Expert: Morgan Smith - 7/24/2011

Question
Morgan

Hi, can you please tell me how accurate property lines are. My
neighbor cut some trees down and cut out a square piece of property, added black top and put up a very large car port.
I believe its on my property or a portion is on my property.
Do I have any recourse, and what rights do I have.

Please help me out

thanks

Ken

Answer
Dear Ken,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about property lines and/or trespass to land and/or taking of trees.  

The rules in my state specifically address statutory remedies for trespassing onto land of another, and taking trees and/or things of value.  If you have similar laws and sue and win your case, you could get money damages from your naughty neighbor and/or an order to remove the objects placed on your land.

The determination of the accuracy of the property line is not a legal question, its a fact question.  Good evidence to prevail on that fact question would include a survey and expert testimony from a competent surveyor.

Perhaps a good place to begin is to gather that evidence, and quickly consult an attorney licensed in your state to help you with the laws and rules and proceed according to the particular advice you receive.  I urge you to act with haste so you do not run into statute of limitations problems, and the condition on your property doesn't persist to cause other legal and land use problems.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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