How can I dispute a fenceline of an adjacent property owner?

Question

We have approx 3 acres and our neighbor behind us has 5 acres. I recently had a survey done and discovered that my neighbors fenceline crossed our property line by 4 ft. How much time do I have to file a claim against them, and what are my chances of getting her fence removed?

Answer 1

If the fence is on your property, it is your fence and you can do what you want with it. Seeing as you are neighbors, the first thing I would do is contact them and ask them to relocate the fence to the correct property line. If they refuse, you can remove the fence yourself!

Answer 2

First things first. How well do you get along with your neighbor? How important in the real world is that 4 ft. Are you the new one, or is your neighbor. If it is really that important, have you talked to them? If the fence was there before you bought your property, and (in Michigan for example) if it has been in place without dispute for at least 7 years, that portion of land(the 4 ft.) belongs to the neighbor, not you. This is adverse possession Talk first, then decide. Whatever you do don't just rush off to court and blow a wad of money(it will not be free) for a couple of yards of dirt. This type of thing comes up where I live frequently, especially when city people migrate out here into the real world. They keep acting stupid.

Answer 3

Wait just a minute, here. First off, ar423jan2005, are you sure that you used to be a lawyer? No lawyer in their right mind would recommend that someone in this situation resort to self-help. I call bullsh!t. Fake lawyer in our midst.

Secondly, many states (my home state, California, for example) specifically forbid self-help. Don't tear that fence down! You can't imagine how much trouble, not to mention ill-will, this could cause.

Finally, many states (California included) provide that the fence line is the presumptive boundary line even if a surveyor finds that it's not the actual boundary line. If the fence has been sitting there long enough, then it becomes by operation of law the new boundary line.

I agree with those that question whether a four foot difference is truly something to fight about in a situation like this. If you feel the need to take legal action, find a lawyer in your area who has dealt with real property boundary disputes. This is tricky business.

Do not under any circumstances follow the advice of these morons here that tell you to resort to self-help. They DO NOT know what they are talking about. This is one of those circumstances where these idiots can actually cause more harm than good by pretending that they know what they are talking about.

Answer 4

This can be VERY tricky.
Consult a lawyer before taking ANY action.

For example, your neighbor might have an "adverse possession" claim to the land if he had the fence up for long enough.[1]
This may be extended to the past if the owners of the house before you also had the same fence. This is known as "tacking".

Also, if your neighbors have a drive way on that property they may claim "Easement by prescription"[2]

The numbers of problems that might arise is INNUMERABLE.
So under NO circumstance resort to self help. Talk to a lawyer first. Otherwise you actions can become tortuous or even criminal.

Answer 5

I agree, DO NOT do any damage to the fence, you can be held liable for it! Your survey shows where the property boundary is located according to the information of record, which may not be the same as the current line of ownership established by your neighbor. Try to reach an agreement with your neighbor before you take any action that you may regret.

Answer 6

Hell, under the circumstances I'd be thinking more along the lines of forging a grant deed with his name and granting his entire 5 acres to you. Then hand him an eviction notice and get rid of him...and his family too. That's what I'd do. Then you'd have 8 acres, instead of 3. Rent out his vacant home, use it as a tax deduction and take down the existing fence, because you don't need it anymore.

Answer 7

If its on your property you can remove it yourself, however you may just want to kindly ask them to take it down, without knowing the exact laws of your state if you don't inform your neighbor and have it removed after a certain many years your neighbor can claim that property as their own ( forgive me the legal term ofr that has escaped me right now) Best bet, tell your neighbor first, avoid neighborly disputes if at all possible

Answer 8

identify is identify and may trump different proprietor's argument that habit in any respect alterations this. clarify this with a letter advising neighbor to eliminate the fence, which encroaches merely about 3 ft on your belongings. you could pick to contain an furnish to percentage the price of setting up a fence on the genuine belongings line. As their personal identify files little question revealed on the time of purchase, the fence is an encroachment. that you haven't asserted your belongings rights previously can under no circumstances be unsuitable for acquiescence. upload that that you'll opt to unravel the count number out of courtroom. this would get their interest. If it would not, pay an atty to run the document. you'll win. gents's agreements are hard to instruct and under no circumstances persuasive in genuine belongings concerns.

Answer 9

nothing - if you have the survey and it's accurate, you are permitted simply to remove ANY property on your property. You take the part of the fence down that's on your property and put up one. That's property law 101 -

I'd add that unless it;s gone on openly and adversely for many years, you're fine - just remove the part of their fence on your side. If they want, they'll sue you - meanwhile you protected your property rights.

Answer 10

The sooner the better. Get your survey out and have them make him move the fence or you will lose all legal right to the property.