Mark the property line with wooden stakes with red ribbons at the top and take some photos that show the fence encroaching over the property line. Notify the neighbor in a polite and friendly letter sent by certified mail, enclose a photo and make certain you keep a copy and the green card. Ask them nicely to remove the fence. Remember that the letter may be used later in court as evidence so make yourself look good by being polite, explaining the problem clearly and that you are requesting they move the fence off your property. Give them a definite time period to remove the fence, say . . . 30 days.
If that doesn't work you will need to have them notified by an attorney. If that doesn't work you will need to bring the matter to court and obtain a court order. You should do this ASAP before they gain any rights.
If you can't work this matter out directly with the neighbor, you will need to see a real estate attorney in your area. The neighbor is likely claiming adverse possession, which means that the neighbor owns the property inside his fence because the fence has existed for a long time. You can follow the below link for a brief description of adverse possession.
First of all, discuss the situation with the person in a friendly, non-confrontational way. Don't assume this person is knowingly putting the fence on your property; perhaps he thinks the fence is on his property. If the location of the property line is not clear, you might suggest to pay half the cost to get the property line marked by a land surveyor. However, if the person is being unreasonable or refuses to stop building the fence until the property line is established, you should immediately call a local real estate attorney for advice on your situation.
As long as the fence is on your property, no.
You first have to prove this fence is in fact, on your land and not your neighbors. You do this by obtaining the survey that is filed along with your deed. And then, if there is further questions, you might have to hire a survey company to re survey your property, physically mark the property lines and then give notice to your neighbor that his fence is on your property, justified by a copy of the survey and give him a time frame in which to remove this fence. Then, if it is not done, remove it and sue for the amount it took to remove it. You should read the contract you signed when you purchased the property. Many contracts for the purchase of land will state if an existing fences is the property line regardless of what a survey shows.
The fence cannot be outside your property line.
Yes, if they own the fence.
If the plants are on your property they may be planted along your neighbors fence. However, climbing plants that will grow over the fence cannot be planted along your neighbors fence. Caveat: Make sure your neighbor has not installed the fence "inside" their property line so it lies a short distance FROM the property line. That is the practice in some areas and is required by the city ordinances in some areas. In that case, the land along the fence would belong to your neighbor. You need to determine where the property line is located and not assume the fence is on the property line.
My neighbor would like to remove the fence that we share in our backyard. Is he allowed to remove the neighboring fence without my approval?
Build a fence. It is not uncommon for land owners to fence off their property to keep people or animals out.
when building a wood fence in the town of Brookhaven what side of the fence is supposed to face my neighbors property
If the fence is their property, and not yours; you would need their consent to make any modification to it.
If the neighbor's fence is on your property in New Mexico, you can ask them to remove it. If they refuse, you can take them to civil court.
No
It sounds like there is more to this story. Most fence companies don't get bored and go remove fences, they are typically asked, and payed to do so. If someone calls to have a fence removed, the fence company has no responsibility to mediate between neighbors who cannot make a decision.