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Can a neighbor remove our wire fence to put up a new cedar privacy fence even though our fence has been there over thirty years and even if the survey says our fence is 8 inches into their property?
Wiki User
∙ 15y ago
Absolutely not! The property line is where the fence is due to the legal doctrines of adverse possession and mutual acquiescence. You need to see a real estate attorney in your area ASAP to prevent the fence from being removed and to assert your rights. Even if the fence has been removed, you can likely still get justice. The link below will give you a basic understanding of adverse possession, which will be supplemented by the advise of your attorney.
Wiki User
∙ 15y ago
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Who owns a fence encroaching 4 ft over the property line?
This is such a serious situation that you should consult with an attorney ASAP to determine what the law is in your jurisdiction. The attorney will also need to make certain your property line is clearly defined in your deeds and that the fence was constructed on your property. You may have several options:You may need to provide the neighbor with the opportunity to remove the fence.You may demand the neighbor remove the fence. A notice should be sent by your attorney.If you want to treat it as your property then clear it with your attorney.
