Land Use & Zoning
A West Virginia property owner installs a fence that encroaches 2 feet into the neighboring property. The neighbor's legal remedy is to:
ACall the WVREC for resolution
BSue for trespass and seek an injunction requiring removal of the encroachment✓ Correct
COnly seek monetary damages limited to $500
DFile a complaint with the county zoning board
Explanation
An encroachment (building or structure crossing a property boundary) is a form of trespass. The affected neighbor may sue for trespass and seek a court order (injunction) requiring removal of the encroachment, plus damages for any harm caused.
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