My neighbor attached his gate to my column without my permission. A retired zoning inspector gave him a final inspection. I had a tenant for 2 years and just moved back last July. When I realized that back in December 2016 I went to the city and have that inspection rescinded and reached out to the neighbor. We met 8 weeks ago and asked him to remove it and since then nothing has been presented to the city. Last Sunday I sent him an email asking him to remove his trespass on or before march 16 or I will have it remove and my column fixed at his expense and reserve the right to seek damages. Of course he has not commented!
Well, you sent your demand, with a date-certain too; now, it's just time to be patient, hope for the best. He may take care of it by the 16th, perhaps not. If not, time to 'lawyer-up' as they say (I would consult with a lawyer BEFORE you start tinkering with the gate).
THAT's what ta do. But here's hoping it doesn't come to that - it's always best to work things out with your neighbors, if at all possible.
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Give him time to respond to the letter. If he doesn't respond to the letter or remove the gate then you need to consult with an attorney in order to discuss your next steps.
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You can demand your neighbor remove it, at his expense, and restore the pole to its original condition. You will need a survey and proof that the pool is on your land, to prove the encroachment. Consult with an attorney right away.
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