When we built our house, we indicated to them that they were over on our property line. They never had it corrected; just simply took the stake down. Now that we are ready to put up our fence, we want to have it corrected. These neighbors are impossible to deal with so we need to know the legal process of how to proceed.
2007-01-09 03:27:55 · 8 answers · asked by hunny bunny 1 in Politics & Government ➔ Law & Ethics
You need to obtain a staked survey. Once you have your staked survey and you determine that, in fact, their fence is encroaching onto your property, you will need to consult with an attorney. The first approach will be for your attorney to write them a demand letter to remove the fence by a certain date. If they refuse, then you would sue in court in an action to "quiet title", and if the Judge agrees with you, then he will order them to remove the fence. Good luck!
2007-01-09 03:37:31 · answer #1 · answered by Mrs. Strain 5 · 1⤊ 0⤋
You should consult an attorney. The laws and process varies from state to state. Don't worry about the response that mentioned a statute of limitations. That person was confusing adverse possession with sol. Since you have told the neighbors that they are on your property you should be fine in that regard.
You will need a current survey showing the fence is on your property. The neighbors may respond to a letter from a lawyer and correct the problem. Sometimes the threat of legal action is enough to get things done.
Of course if you are sure the fence is on your property you can just tear it down yourself but this may cause a long, drawn out legal battle. Especially if you want to get them to pay for it. As I said in my opening contact a lawyer. You can usually get a free consultation and most lawyers will at least let you know what the procedure would be if you were to proceed.
You might even consider selling them the small portion of land they are on as another option.
Good luck.
2007-01-09 04:12:58 · answer #2 · answered by C B 6 · 0⤊ 0⤋
In most states if it is installed on your property it becomes your property. I would consult a Real Estate Attorney in your state prior to ANY actions however, If it were me I would use this fence as my own and tie into it on each of the ends. Everyone is happy, you saved money and a neighbor!
2007-01-09 03:53:21 · answer #3 · answered by bwetzel76 1 · 0⤊ 1⤋
your question implies that it is on the property line,which you both share. if you feel it is actually on your property,have a survey done. take the complaint to the city or county. ask which department would handle the situation. research your city or countys website. small claims shoould be used as a last resort.
2007-01-09 03:36:50 · answer #4 · answered by J Q Public 6 · 2⤊ 0⤋
have your property surveyed to be certain of the property line. Take that proof and file a small claims suit against them for the cost of removing their fence.
2007-01-09 03:31:38 · answer #5 · answered by Emily B 4 · 2⤊ 1⤋
You better get it done quick! If it is not too late already. There is a statute of limitation in most states--- after which your property, that they have "claimed," will become thiers. Kinda like common law wife.
I am not an attorney. You need one. Soon.
2007-01-09 03:35:23 · answer #6 · answered by bill h 2 · 0⤊ 1⤋
Take the official survey to your local zoning board and file a complaint. If that doesn't do it, get a lawyer and file suit.
2007-01-09 03:35:27 · answer #7 · answered by Team Chief 5 · 1⤊ 0⤋
Call a lawyer.
2007-01-09 03:32:03 · answer #8 · answered by Mollie's Daddy 3 · 1⤊ 1⤋