[IA] Should I use a cease and desist letter if my neighbor is digging on my property?
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The cease and desist letter is not technically required, but it's a strong move before legal action. I’d recommend sending it both first-class and certified mail. That way, you have proof of delivery and tracking. A process server isn’t necessary at this stage—it’s costly (Iowa Rule of Civil Procedure 1.302(5)).
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Is a cease and desist letter the proper first step for property being damaged by a neighbor wrongfully digging on my property? Can you look at my cease and desist letter?
I'm sorry to hear about the damage to your property. Have you already sent the cease and desist letter to your neighbor?
No.
Can you provide more details about the specific damages caused by your neighbor's digging?
In Iowa, we have sump pumps to pump groundwater away from our foundations. My sump pump drains approximately 8 feet inside my property line. However, my neighbor lives downhill, and their yard is over-saturated with water, so they decided to dig a trench—about 12 inches wide and 12 inches deep—all the way down the property. I have a privacy fence that sits 24 inches back from the property line per city ordinance, and now I can’t mow or maintain that 2-foot strip because of the trench.
Thanks. Is there anything else the lawyer should know?
No.
Hi, I’m Stephen, an attorney here to help. I’m sorry to hear about your issue—it sounds frustrating. If you're asking your neighbor to stop the action, yes, a cease and desist letter is a good step. How long is the letter? Document review is usually a separate service.
It’s short—less than half a page.
Okay. Sure, send it over. Have you already provided a survey or proof that it’s your land?
The survey is freely available through the county assessor’s office and the city zoning website. The city site is for utility easements, not variances.
So the neighbor hasn’t disputed your ownership? That’s not in question?
No. I laid out property line markers about 8 years ago and placed the fence 2 feet back, per city guidelines. Now they've decided to dig between my fence and the actual property line.
Understood. That’s fine. But if it goes to court, proving ownership will be key. Do you have a certified title or lot survey?
Yes, it’s in my safe.
Great. If there’s a dispute, you’ll need that for court. The neighbor’s best defense would be either that they own the land or that it’s a necessity.
Is it my responsibility to give them a copy of the survey?
Only if it goes to court. It strengthens your cease and desist letter, though.
So the cease and desist letter is the first step? Should I have the letter served, or is hand-delivery with a witness okay?
The cease and desist letter is not technically required, but it's a strong move before legal action. I’d recommend sending it both first-class and certified mail. That way, you have proof of delivery and tracking. A process server isn’t necessary at this stage—it’s costly (Iowa Rule of Civil Procedure 1.302(5)).
Okay, thank you. No further questions.
Sounds good. Happy to help. Take care and be well! If you need more help in the future, feel free to request me by name on AskaLawyer.
