The neighbor's fence is on my property-what are my legal rights?

Question

recently purchases property. neighbor's gate post is several feet on my property.

Answer 1

This is a lot more complicated than just talking to the neighbor. If you recently purchased the property, you should have had a survey done at the time of the settlement. Either the survey was done incorrectly and did not show the encroachment of the fence, or the title company where you had your settlement done did not review the survey well and missed the encroachment. You have a couple possibilities here: (1) contact your settlement office where you had your closing and ask them to see the survey. They should have actually given you a copy of the document, but maybe they did not. If you can see that there is a visable encroachment noted on the survey, then you need to speak to the attorney that runs the title company and find out how they missed it and see what they can do legally (at their cost) to remedy the problem through the courts. Or (2) If you can see on the survey that there is no visable encroachment then you need to take it up with the surveyor. They have Errors and Omissions insurance which they will appeal to in order to pay the costs and fees that are encompassed in getting this encroachment repaired. Finally, (3) if you purchased owners title insurance at settlement this will cover you as long as there is NO notation of an encroachment on the property. If you bought this policy, it covers you for defects in the title of your property, land encroachments being on of them. If you did not purchase this, you can obviously not use this as a remedy.

Good luck to you. This can often become a battle especially if no one wants to own up to the mistake. I would highly suggest you take these avenues before doing anything confrontational with your neighbor. At the most, maybe just talk to your neighbor and find out if they had a survey done and if their survey shows the boundary lines. Don't cause a problem because land disputes between neighbors almost always escilate to a level that nobody would want to deal with.

Good luck on resolving this one.

Answer 2

Depending on the laws of your state (particularly in regards to adverse possession), inaction on your part could be very costly. Should you do nothing for a period of years, the several feet of your property that is now behind your neighbor's fence could legally become his.

Hence there needs to be action on your part but the key is to proceed with a great deal of tact so as to best preserve a decent relationship with your neighbor. Politely bring up your concerns with him (if need be, equip yourself with your deed in order to show him the property lines) and see if the both of you can come up with a workable solution. If not, send him a certified letter that details the property line(s), your concerns over the placement of his fence, and that you will have no other choice but to pursue an action against him in order to compel the removal the fence if he does not undertake action on his own.

Answer 3

Your property if you don't want a fence you can move is. Just try to be civil and talk to your neighbor.

Answer 4

You can tear it down, paint it, or write stuff on the side of the fence that faces your neighbor.

We had the same issue and I got grounded for climbing on the other side and writing profanity on the fence.

Answer 5

Oh ho ho ho ho ho! That gate is yours now.

You might want to see a lawyer to ease the breaking of the news. You shouldn't have to argue to defend what is yours. But be ready to do so, if you have to. Or you could research the law first, and just send him a letter with the citations, and save the legal fees. Be ready to go to court if you have to do so.

Answer 6

Unless the neighbor put the gate up after you purchased the property and without your permission, you can't make him take it down or sue him. However, since it's on your property, that means it's yours to do as you please with. You can tear it down if you want, and put in a new one or not, as you see fit. Alternatively, you could paint it, write on it, or otherwise alter it however you choose.

You might want to consider painting the side facing him some some horrendous combination of clashing colors, drawing obscene pictures, or writing profanity. Putting barbed wire on his side also has some appeal.

Alternatively, could leave the fence where it is but invest in several large neon-pink flamingos, or other equally attractive lawn ordaments, and place them on the portion of your property that lies on his side of the fence.

Answer 7

State and Local laws Check it out County attorney might help.

Answer 8

talk to the neighbor and see if they will fix it
if not.. get area surveyed and report the problem to your local municipality

Answer 9

Good fences make good neighbors.

Answer 10

i think you have the right to make them redo the gate