Dumping of Brush on Our Property
My question involves personal property located in the State of: Connecticut.
Hi, I just bought land 1.6 acres, the rear of which is heavily wooded area subject to water accumulation due to run off.
Share roughly 300 ft with neighbor in rear who has been cutting down trees on his property (and one on mine, whether he knew it or not) and dumping brush in large orderly piles on what appeared to be our property. Worried he might cut down our trees and dump more brush, so I hired a surveyor.
And the survey says . . . it's my property. He has cut down one tree and dumped quite a bit of brush as far as 20-30 feet into my property. I spoke with him and he said he knew where the property line was (after the surveyor laid down posts) which leads me to beleive that a) he is lying and didn't know where the property line was or b) that he did know and dumped anyway. I don't know what irks me more! (Additionally, I had the surveyor talk over the land with his girlfriend (and co-owner of property) while he was away and she said they thought they owned the land, which makes me believe that "A" was the truth and he was blowing smoke.)
So now he knows where the land marker is and he continues to stack brush on his piles! I phoned the Town and they informed me there are specific codes & ordinanaces for the amount of "junk" (including brush) allowable on one's property. Which means I could be fined! He also intends on putting in a fence for his horse which means the brush piles will no longer be easily accessible and if I am forced to remove them it will make it difficult if not impossible to get it out of there if it is indeed an ordinance violation.
I asked his girlfriend what they intended to do with the brush and she said "leave it there." I raised my eyebrows and bit my tongue. I plan on asking him to remove the brush.
Now, my question, if he does not agree to remove it or agrees and leaves it there for an extended period of time, what options do I have legally?
Re: The Dumping of the Brushes
Why not simply tell him to stop trespassing and to remove his brush piles. If he trespasses, you can sue him to recover damages he causes, which appears to be the cost of removing the brush he's piled on your land.