Saturday, November 19, 2011

Neighbors fence encroaches upon our land by 8 ft. sent letter giving 30 days to move.What if he doesn't move?

We have lived on our land for 7 1/2 yrs., the neighbors have only lived on theirs for 1 1/2 yrs. What are our rights if we have already given them a written 30 day notice and a copy of the surveyed land from our lawyer? Can we physically move the fence?

Neighbors fence encroaches upon our land by 8 ft. sent letter giving 30 days to move.What if he doesn't move?
First of all, I would encourage cooperation with the neighbor. You have to live next to these people for the next ??? years, you better get along.

Second, you could hire 100 surveyors and get 100 different ideas where the property line actually is. Ask your neighbor to see their survey information. It could be nothing more than a simple error on your surveyor's paperwork or theirs. Then try to agree to have a 3rd (neutral) surveyor come out and see where they put the property line.

Third, hire an attorney and deal with local law enforcement. They will tell you the rules and laws to abide by.

I strongly suggest not taking rash action if your neighbor refuses to comply.
Reply:If it is on your land you can physically move the fence, the only thing that would be destroyed would be your relationship with your neighbor.

Is there a reason you need the fence moved since you have been there for that long and never thought about it. Sometimes it is best to establish a good relationship with those you live around and then work it out in a neighborly fashion.

But if you have something pressing that you need the land for, then by all means you have given them notice and you have all legal rights to move the fence.
Reply:Obviously working it out with the neighbor would be the best solution, but the neighbor obviously doesn't seem to care. Eight feet is a very big discrepency for a survey. If you have a county survey, you have a few options.

You can have the fence removed and file a claim in small claims court to recover the cost of removing it. You aren't guarenteed to get your money back, but the fence will be gone.

You can file an action to quiet title to the disputed eight feet. This would alleiviate any adverse possession fears, but could be expensive.

You could file for an injunction requiring the neighbors to remove the fence. This may also be expensive, but is probably the most technically correct way to go.

The best advise is really to ask the lawyer. He will be familiar with local property laws and ordinances. Actually, that gives me another idea. Contact the city or township. The neighbor would have had to have gotten a permit for the fence. If so, the city should have noticed he was putting it on your property. If not, he may have to remove it or be fined.

Good Luck.
Reply:Get the land surveys if his fence encroaches on your land you can move it. the only problem might be is if the fence was preexisting and he rebuilt it

that would mean the land is his by grand fathering..
Reply:isn't this why you have a lawyer? Probably varies from state to state. You better have the county survey it before you knock down the fence.
Reply:Legally, yes. It's your land and what's on it is yours. If they are making no effort to accommodate you, I'd have no problem taking their fence down for them.
Reply:better to get a court order in this as tempers may flare. but, do this now; don't let it drag out or they may claim adverse possession.
Reply:if its in Your land, then its Your fence. kick it down.
Reply:It is his property on your property. Just take it to small claims court.
Reply:You should ask your lawyer this question...

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