Legal Question in Real Estate Law in Alaska
Trespass Claim
A public housing project was built next to property. Contractor piled soil about 4 ft on my land. Immediately notified housing authority who was building project. Asked for a fence on property line between houses. 8 months later said they didn't have money. Next sent a bill for $450 per month rent. Cannot get a response from housing authority. Have photographs of soild on property and copies of two letters sent previous. Suggestions for course of action? Small claims court to get a judgement? Other? Go public?
1 Answer from Attorneys
Re: Trespass Claim
Your instincts seem to be serving you well in this case. Placing of any material on property of another without permission is trespass. Legal remedies for a trespass in this context would include both injunctive relief and/or monetary damages. If the trespass was knowingly commenced or continued, punative damages might also be possible.
Small claims cases are limited to $7,500 in damages, but the procedure is simpler and much, much faster. It is, however, unlikely that you would get either punative damages or injunctive relief in small claims court.
You will likely need an expert at trial to give an opinion regarding the value of the trespass and the damages incurred. A real estate broker or appraiser should be able to serve this role.
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