# Property line encroached



## MichMatt (Oct 24, 2008)

Looking for a recommendation for legal representation for property in Lake Co. 
My neighbor built a drainage mound on some of my property. Dept of Health has sent a letter to address in Oct 2021 but nothing has been done. 
Since I have spoken to the neighbor several times and no progress I am thinking of legal action for correction of the build and for costs and fees incurred. 

Which local legal group would you recommend that would specialize in actions needed to correct this issue?

Thanks. 

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## John Hine (Mar 31, 2019)

John Deere! Remove it yourself to the line & let him seek legal action against you! The best defense is a good offense!


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## Luv2hunteup (Mar 22, 2003)

An excavator rental and survey is cheaper than a lawyer.


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## Martin Looker (Jul 16, 2015)

Just make sure it is on your property before you do anything.


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## pgpn123 (May 9, 2016)

Curious, what does your neighbor say when you talk with him?


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## Lumberman (Sep 27, 2010)

You’re probably looking at a minimum of $20k for a lawyer and that’s if they don’t fight back. They will not have to pay your costs. 

Your best bet would be to contact a lawyer and have them send your neighbor a letter on their letter head so they know you are serious. You can probably get that done for $1000. 

If that doesn’t work then just push it back yourself like mentioned above.


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## gatorman841 (Mar 4, 2010)

It’s your property you can do what ever you want with it , turn his mound into a outhouse if you want. Lawyer is waste of $$ , what will you pay to battle it in court? You win he is forced to move it , grab the tractor and do it yourself. Instead of typing I would be out there on my property moving that **** now. Double check your property line and go have fun


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## MSUFW07 (Jan 22, 2009)

Like others have said, drop the cash to get it surveyed. We used Wetherell Surveying in Baldwin. I don't remember the amount that we were charged for our 2.5 acres but before you do anything else make sure that he has actually built over the property line and not just where you think the line is. 

After that as fun as it to think about digging up his drainage mound you should probably do everything above board and go thru legal channels, sue him for legal fees also if you can. You never know once he fixes the issue he may not have the money to keep the house and you may get rid of 2 issues.


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## DirtySteve (Apr 9, 2006)

Lumberman said:


> You’re probably looking at a minimum of $20k for a lawyer and that’s if they don’t fight back. They will not have to pay your costs.
> 
> Your best bet would be to contact a lawyer and have them send your neighbor a letter on their letter head so they know you are serious. You can probably get that done for $1000.
> 
> If that doesn’t work then just push it back yourself like mentioned above.


Cost of a demand letter is an avg of $300 according to google. I had one sent to a realtor for $125 once but that was 20 years ago. Wasn't a friend or anything either I just picked a local lawyer. 

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## MichMatt (Oct 24, 2008)

I have a survey and located three of four survey stakes. 
He is aware but claims he's working on it. 
Dept.of Health Sent a letter as well. 

The mound is about 8-10 ft on my property. And slopes toward my property pushing drainage to my land which is wet due to the lake. 

It's just frustrating that this happens because he knows since his father in law owned the property. 

I plan to talk to him again for the fourth time and let him know that I will seek legal counsel if there is no action. 

Per the depth of health they gave him a one foot set back from property line. I can't believe that the contractor didn't confirm the property lines. 

The whole issue just pisses me off. 

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## Luv2hunteup (Mar 22, 2003)

If you ignore it he can claim adverse possession so you won’t have to worry about it since it will be his property in time.


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## jjlrrw (May 1, 2006)

MichMatt said:


> I have a survey and located three of four survey stakes.
> He is aware but claims he's working on it.
> Dept.of Health Sent a letter as well.
> 
> ...


Good idea to keep talking to him, get a plan and timeline to complete. If you both plan to be there a while last thing you want a legal friction between the two of you. I would even offer to help providing it's just my time involved.


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