Legal Question in Civil Litigation in New York
small claims court question- neighbor dispute over property
i am being brought to small claims court by my neighbor in regards to a a property dispute. i widen my driveway and some of the driveway was on the neighbors property- but we only found this out after he and i both got separte surveys done. after we found this out i dug up the driveway that was on his property replaced it as it was. now he is suing me for the cost of his survey thta he had done, can he do that? what law or statue is this covered in?
2 Answers from Attorneys
Re: small claims court question- neighbor dispute over property
He can sue you, but you have some valid defenses.
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Re: small claims court question- neighbor dispute over property
You are in good shape on the cost of the survey. he is better placed to sue you for the inconvenience imposed on him for your building on his property in the first place.
This sounds like more of a 'people-problem'. You did your job by fixing the driveway, now it is his job to grow up and make an effort to get along with you.
Perhaps a friendly effort, like invinting him to your home for dinner would help him to recognize the importance of people getting along.
On the other hand, a nice fence might be just the solution for the 2 of you. Good luck.
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