Can I Sue My Neighbor for Harassment?

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My neighbor has a legal right of way on our land, but he blocked his right of way to build a house extension, and he moved the right of way himself. He damaged our new deck twice, left a lot of mess after building work, and he damaged our gate. We found on our deeds his right of way is in the middle his house extension. He started harrassing us, and after 2 years the police arrested him, but the harassing is still continuing. Can we go to the court?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Yes, you probably have a legal remedy here. First of all, most
rights of way are for a specific physical location. That means the owner of the right of way (your neighbor) can’t unilaterally move the road in the first place. To the extent he has a road or is crossing
your property outside of his right of way, that’s trespassing.

Second, your neighbor damaged your property in the process of his work, which he would be responsible for as well.

If he’s still harassing you even after being arrested, it’s possible that suing him will not make things any better, but perhaps you can at least get your property damage paid for.

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Author: House Attorney