I have a property encroachment dispute with a neighbor, who is a contractor converting a residential property into a commercial property for flip. (His and my units are joined as semi-attached properties). As a result of his construction work, there were some minor damages to the shared fence (removed and re-installed over my property), his new roof installed over my roof, erected construction fence over my parking space (most of the fence is now removed), and many instances of trespassing by his hired help.
Besides inconvenience and a few minor damages, I am wondering if this enough grounds to pursue a lawsuit, and if so, what would be the likely costs of litigation and expected rewards?
Small claims court can award damages, but cannot determine title to real property. Thus, to the extent that the neighbor is claiming some of your property as his, you cannot get the relief you want in small claims court. Since situations such as you describe may have long term ramifications to your property title, I would suggest you hire a real estate attorney to advise you. One of the first topics to be discussed should be the attorney's fees and how you would be billed.
I agree with the prior answer. Not straightening this out now can create a "cloud" on your title, and will affect any attempts by you to sell your property in the future. It is definitely worth pursuing. But you do need to sue in Supreme Court if it can't be resolved through negotiations.
Consult your county bar association for referral to a real estate attorney.
Residential property is real estate that has been developed or zoned to be used for living, such as single family houses, apartments or mobile home parks.
Neighbor law deals with the legal rights and responsibilities involved with having neighbors. Examples include boundary disputes, noise, and blocked views.