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If the encroachment isn't too serious you could give your neighbor written permission for the encroachment, signed by both parties in duplicate, to prevent him from acquiring any rights in your land.

If you want it moved and you're on good terms you could bring the encroachment to your neighbors attention and ask that the fence be moved. If not, your best route is to consult with an attorney who can review your property lines and notify your neighbor of the encroachment by letter requesting that the fence be removed. If your neighbor ignores all notices then you will need to bring suit and get a court order for the removal of the fence.

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Q: How do you properly notify the neighbor to remove a fence he has installed on your property?
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