Legal Question in Real Estate Law in New Hampshire

my neighbor has put in a septic system and has not followed property lines . there is damage to 3 medium trees that were planted 8 years ago . he has filled in about 10 feet on one side and built a 4 foot wall on one side about 3 feet on my side .and it is 10 feet from the leach field .when I talked to him about it .he says it had to be done . he had been telling me the man that did the work was coming to fix it .when I asked the contractor he said he did what the plans said .what can I do who is responsible . I went over the property lines with the homeowner the day before they started

Asked on 12/13/14, 6:55 am

1 Answer from Attorneys

Roy Weddleton Granite Law

If he is on your property without permission, it is a trespass. If he has constructed anything on your property it is an encroachment which will severely hamper your ability to sell your property.

First give the neighbor written notice. Second, notify your city or town zoning officer, again in writing. If nothing works you can sue and request the court order him to pay for damage to your trees, remove the wall, and construct his septic according to state and local regulations.

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Answered on 12/13/14, 7:56 am

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