Full question:
I have a neighbor who is encroaching on my property.I have had the land surveyed and he pulled up one of the posts although he denies it. He has been throwing wood for his fire pit on the land and hung a hammock up in a tree on my property. I have spoken to him and he says he'll move it when he is 'good and ready.'
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Connecticut
Answer:
If someone is interfering with your use of your property, this may be considered a nuisance, which can lead to a lawsuit for damages or an injunction to stop the activity. A continuing encroachment is both a trespass and a private nuisance. As the property owner, you generally have the right to remove an encroachment, but be cautious, as you may be liable for any damage caused during removal.
A quiet title action or a trespass to try title action can help determine land ownership. In such cases, you can ask the court for an injunction to compel the neighbor to stop their encroaching activities. An injunction is a court order that requires a person to do or refrain from doing something when monetary damages would not suffice.
If your neighbor has encroached on your property, you may be entitled to the fair value of the encroached land. Courts typically assess property value based on expert evidence of comparable properties in the area. Sometimes, the court may order the removal of the encroaching structure at the defendant's expense. To obtain punitive damages, you must prove that the neighbor acted recklessly, showing a conscious disregard for your property rights. Punitive damages aim to deter wrongful conduct and require evidence of fraud, malice, or intentional wrongdoing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.