How to Get Police to Enforce Trespass Law in New York

[brian1967]

My question involves real estate located in the State of:new york
there is a driveway crossing my property its not in deeds of either home had a survey done and property lines marked called police to get enforcment and they refuse to do anything and say its a civil matter! They watched him drive on my property and saw copies of survey as well as all copies of both deeds! He has alot of money and is tight with the police officers in my city! what can i do?

[Mr. Knowitall]

The driveway has existed for how many years? Who built it? It leads where? To the neighbor's garage? And the neighbor (or his predecessor(s) in title) has been using the driveway for the entire time? Exactly what do you mean when you say the driveway is "crossing my property"?

[BenT]

Hard to define your issue - but the police are probably correct in stating that it's a civil issue. You would probably need a court order to halt whatever it is that is going on?

[eapls2708]

Tresspass can be a difficult issue for police to get involved with. If someone who clearly had no business whatsoever being on or near your property was entering it illegally and causing malicious damage, the police might be inclined to get involved. They would probably do so on the basis of the codes covering malicious destruction of property, but might add the charge of tresspassing once it is clear that the suspect has malisciously damaged property and had no business being where he was. If the driveway in question has existed in its current location for many years or even decades, your neighbor very likely has accrued a prescriptive right to continue using the driveway in the same manner he always has, and the police would have no authority to interfere with his legal right to do so. Everything in between gets very legally gray and can create liability issues the police don't want to and shouldn't deal with.

Unless there is some imminent threat to life, health, or property (talking malicious damage, not your annoyance at the neighbor "damaging" your property value by doing what he has done in normal use of a driveway), the police are correct to not get involved and are giving you appropriate advice. See a local attorney who practices in real property rights. After ascertaining some facts, he or she can advise as to whether you have a reasonable chance of success in pursuing an ejectment case or whether you should just learn to live with the situation as is.