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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.
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Can planting be placed right next to a neighbors 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.
A fence that was on the neighbors property line for over 40 years fell down and you replaced it now the neighbor is challenging us what can you do?
It sounds like you have a strong adverse possession/mutual acquiescence claim to the fence as the property line. You need to contact a real estate attorney immediately to preserve your right to keep the fence line as the property line. Also see the Related Questions below.
Do I have legal right to trim a tree over my fence line?
Depends if the fence line IS the property division line, in which case both homeowners have to agree about the trimming. If whatever needs trimming is solely on your property you are allowed to do whatever it is you need to do, providing any homeowner association (if they exist) has rules for this.
Neighbor is putting up a chain link fence 2 foot over in your driveway Its his property line but hasn't maintained the driveway can he do that?
If its on his property line and there is no easement then the only thing you can do about it is flip him the bird when he drives by.
How can you remove a neighbor's fence that you believe is on your property?
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.
Is jumping over the fence to get your ball breaking into there property?
It is criminal trespassing if you don't get permission to enter upon the property.
What is encroachment on property?
An encroachment is an infringement on someone else's rights or intrusion on another person's property. It is most often used when describing real property such as the corner of an neighbor's garage that extends over the property line or a driveway that gradually grew over the property line and is now partly on your neighbor's land. Encroachments are often caused by surveyor error in placing the pins marking the boundaries in a subdivision and the party who built their swimming pool partly on their neighbor's land was not at fault.
Land owner next to you intentionally put a fence up 12 inches over your property line before you bought your land and will not pay to move it to the property line or go half on it. What to do?
It is a trespass and if it is not removed upon your request, you can have a court order it to be removed. If you ignore this long enough, the neighbor may eventually be able to claim the property line has moved to the fence, and you will lose valuable land rights. On the other hand, you can also provide the neighbor with a "limited license" to use that strip of your property, and propose that he pay some nominal rent until such time as the fence is removed or other mutual agreement is made. That way the fence is no longer evidence of "hostile exclusion" which would be necessary for adverse possession.
Do you have to remove your fence if it is five feet over the property line?
Maybe. Most states have a legal doctrine called adverse possession, which allows people to own property that they have used as their own but is not owned by them. The doctrine of (mutual) acquiescence applies specifically to fences, and states that a fence that has existed for x number of years constitutes the boundary line regardless of the actual, surveyed boundary line. You need to check with an attorney in your area for specifics on your state's laws.
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?
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.
A fence is over your property line did you lose this property?
Maybe. In certain situations, if your state has the doctrine of mutual acquiescence, you could lose the land. You should contact a real estate attorney in your area for specific guidance on your state's laws and your particular situation.
You have maintained 3ft of property over your lot line which extends to private golf course for 13 yrs you now want to fence our property to include this extra property?
If you are planning to take land from the golf course by adverse possession you may need to start counting from the time you install the fence. Sneaking over by three feet with your lawnmower may not meet the requirement of actual, open, visable, hostile and notorious use. You should seek the advice of an attorney.
