That depends on who owns the fence. If it belongs to the neighbor then he can take it down. He should have warned you so you could plan to replace it if you were using it to fence in your pool.
form_title=Install an Electric Fence form_header=Keep animals inside the the boundary lines of your property safely and easily with an electric fence. What are you going to use this fence for?=_ What type of animals are you trying to keep in the property?=_ Do you want the fence above or below ground?= () Above () Below
If there is a dispute on property lines, see your plot and have your land surveyed. This will hold up in a court of law and can force a fence to be moved.
I would venture to say that a fence is either more temporary or constructed from materials, other than concrete stone or brick.
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.
depends on where the property lines are best to get an assesment
You are asking if you have the right to ask your neighbor to move his fence back from the common property line. Fence lines and set backs are governed by local ordinances. In my area a homeowner can build a fence directly on the property line. There is no setback rule.You need to start at your town building department and ask if there is any setback rule in effect in your town. You should find your answer there.
Have a surveyor do a stake survey to show the property lines. It will cost a few hundred dollars in the city, or up to a few thousand dollars for a rural property. The surveyor must usually find the deeds that reference and define your property and those of your neighbors and make a determination of where your property lines are. Depending upon how your property is defined, your lines may be very difficult to locate exactly, if not impossible (e.g., "from the large birch tree to the pile of stones", neither of which can be found 50 years later). When neither you nor your neighbors can find the lines, you can establish a "new" line by agreement and record that with the deeds for future reference. When attempting to locate lines for a new fence, some jurisdictions require consultation with the official "fence viewer" who will help establish the line, if there is a dispute.
The time period required under common law in Virginia for a claim of adverse possession is 20 years.
As long as adverse possession has not occurred (see below link), then you can demand that the fence be moved to the proper boundary line. If the neighbor is uncooperative, see a real estate attorney in your area.
You can usually find the survey specifications on your property on the deed to your property or on a mortgage documentation. These descriptions will provide specific landmarks by which you can determine the edge of your property. It might be advisable to build your fence several inches within your own property to avoid dispute if you are not consulting your neighbor before building it.
the property has a parallel lines beacuse there traversal
A cross. A Fence. Wire Mesh.