My neighbors fence in 3 feet over the property line due to the surveyor location report that we got when we bought our house. My neighbor is in the process of moving. I have written up a letter informing him that the fence is over the property line and going to give him a copy of the report. If he dosen't take care of the fence, within 30 days, can we? I don't think he is going to do anything, he hasn't mowed the property in a month and I do believe he is letting it go foreclosure.
So can we take the fence down that is on our property after giving him notice??
2007-05-08 06:23:48 · 4 answers · asked by Dodge Ram Mama 2 in Business & Finance ➔ Renting & Real Estate
You have a document from a surveyor that states that the fence in on you property. However, the polite and prudent thing to do is to ask you neighbor if he would mind if you took the fence down and that you have documentation that it is on your property. These things are usually solved simply if there is less hostility. Sending a letter to someone who lives right next door to you is not really a very neighborly thing to do. If he is moving, he really shouldn't mind if you remove the fence. I believe that legally, you have every right to remove anything you wish from your property (except for utilities that would lie within easements). If your surveyor has made an error, he would be the one liable for damages if the fence is not on your property. I have always found that the friendly way is usually the best.
2007-05-11 07:09:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Do not move or destroy the fence without seeking qualified legal assistance before you do so. Many states have a statutory concept called 'adverse possession'. Depending on the time frame for which this fence has existed with no dispute concerning the location existing, your owner may have come into actual ownership of three feet of your property, simply due to your or previous owners of the properties every objecting to the location of the fence.
Proceed with caution, or you may find yourself paying for a new fence, along with losing ownership of the three feet which you think belongs to you.
2007-05-08 06:49:40 · answer #2 · answered by acermill 7 · 3⤊ 2⤋
Normally anything on your propery is your property. Tear it down. And put up a new one on the correct property line.
2007-05-08 06:37:34 · answer #3 · answered by Richard L 1 · 1⤊ 0⤋
You should probably contact your local government,, possibly the registrar of deeds office. the process varise by jurisdictions.
2007-05-08 06:32:54 · answer #4 · answered by Niklaus Pfirsig 6 · 1⤊ 3⤋