My neighbors garage is several feet onto my property and we have the plat map to prove it. Can I legally make him remove it?
by 
babz
ANSWERS: 10
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Yes, you can. It'll take a lawyer and it'll cost you lots of money, but legally, yes. He'll have to re/move it.
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Yes you can. File a suit for trespass or encroachment in small claims court (under $10,000), you do not need a lawyer. Cost will be about $160 which trespasser will have to pay as well as move his garage.
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If it's been there for a long time, don't be a dickhead. It's just a few feet.
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It depends on how long it has been there and whether you bought your house with it being there which would indicate that you accepted it at the time of purchase. . Regardless, say you make him move it. He'll have to pay several thousand dollars to get the job done. It may include a jack-hammer: you won't like that part. He'll have all sorts of people in building and painting. And he'll be pissed at you forevermore. And you'll live right next to him. Think very hard about what you might gain and what you might lose.
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Legally, I would think you could, but it wouldn't be worth the hassle or the problems it would cause between neighbors. You could also make him pay for the land he's using of yours. For good neighbor relations, it would be better just to talk to him about and it and note (for future reference) that his garage is on your property. You never know what might happen in the future.
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Your neighbors garage being 'several' ( 3?) fee t on your property causes you a problem because? (Because, by gawd hits my land!!!) Yeah, you can legally make him remove it. Is it worth all the hassle and expense? After he moves it what ya gonna do with those several feet? He don't gotta resod it or even regrade it. It's now your land. This land is MY land, It's not YOUR land. I own all of it, And you can just go take a great big Is it worth it? When one of you sells their land it mite get important then the deed can state that it is understood that garage overlaps property line. And land owner can plow rite threw garage if wants to. What ya gonna do with those several feet besides create animosity?
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Technically, if it's on your property, you don't need his permission to remove the part infringing on your land. Just make sure that he doesn't have an easement or other binding reason he can do this. If you have to do this, make him go find a lawyer.
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Yes you can. If you don't it might cause a problem when you try to sell the property.
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If you have evidence that he is encroaching on your property, formally notify him of the fact, with copies of any evidence you have. That will prevent him from making an adverse possession claim on the property. Afterwards, you can decide what you want to do. You can require him to move the structure, you can give or sell him an easement, you can sell him a small strip of land outright, or maybe a land swap will work. What you decide to do depends on how well you get along with your neighbor and how any action you take could affect the resale value of your property. You do need to get legal advice.
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Wouldn't want to live in your neighborhood.
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