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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.
What else can I help you with?
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.
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.
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.
What is the ball over fence law in relation to property boundaries and liability?
The ball over fence law states that if a ball from one property goes over a fence and onto another property, the owner of the second property is not liable for any damage caused by the ball. This law helps clarify property boundaries and limits liability for property owners.
How can I address the issue of my neighbors' weeds growing over the fence into my yard?
You can address the issue of your neighbors' weeds growing over the fence into your yard by politely discussing the matter with them and asking if they can take care of the weeds on their side of the fence. If they are unwilling to do so, you can consider installing a barrier along the fence line to prevent the weeds from encroaching onto your property.
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.
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.
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.
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.
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.
