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A year ago, our neighbors replaced an old wooden fence, but built it on our side of what appears to be the property line. (Pipe with red on top stuck into ground at corner where four lots meet.
I discussed this with him as he was setting the posts and he said he did it this way due to where the trees are and that his wife would have a fit if he didn't enclose a strip of their back yard.
I tried to persuade him to move the fence posts back as it could prove troublesome when it came time to sell, and he replied that they didn't intend to sell, but if and when the time came, he would just say that it is our fence.
Not wanting to get into a big fight over a fence built a foot or two onto our lot, we let it go.
Well, now they plan to sell the summer. I doubt the buyer will object to a fence enclosing part of our lot.
But should we?
Should we just let it go and handle any problems that come up when we sell?
Should we get an attorney to write a letter telling them they need to move the fence back to their own lot before selling?
Thanks for time and thought in responding to this.
"Not wanting to get into a big fight over a fence built a foot or two onto our lot, we let it go."
Your mistake here. If the fence is on your property, you probably need some legal advise. And I wcould highly recommend settling this and having the fence moved off your property prior to the sale.
Tell the neighbor to remove their fence from your property by such and such a date. Then if it's not done, very quickly remove it from your property before they can call the cops on you, in the dead of night if necessary. Why? Because it is going to cost thousands in lawyer fees when the outcome will be the same, to reclaim your property. After you remove their fence from your property, they really can't sue you and win anything, so there you go. This is one of those situations in which you don't ask first to have a cookie, you stick your hand in the jar and get one, or that cookie will cost you thousands.
Tell the neighbor to remove their fence from your property by such and such a date. Then if it's not done, very quickly remove it from your property before they can call the cops on you, in the dead of night if necessary. Why? Because it is going to cost thousands in lawyer fees when the outcome will be the same, to reclaim your property. After you remove their fence from your property, they really can't sue you and win anything, so there you go. This is one of those situations in which you don't ask first to have a cookie, you stick your hand in the jar and get one, or that cookie will cost you thousands.
I would check with a lawyer in your state to determine the soundness of that approach. I am obligated to advise of the need for legal representation.
I would check with a lawyer in your state to determine the soundness of that approach. I am obligated to advise of the need for legal representation.
It's only been a year since the fence went up, squatter's right to steal the land doesn't exist, that takes 21 years now. What's he going to sue him for, not letting him keep a fence on his property? Let's see...damage to the fence if he removed it improperly so that it couldn't be salvaged? He put the fence on his neighbor's property, the neighbor now owns the fence.
Compose a letter specifying the fence encroaching in your yard, the neighbor's acknowledgement of it (cite your conversation and give a date if you remember), and note that it is unacceptable and you want them to remedy it.
In other words put them on notice that it's a problem they created and need to remedy as soon as possible - that's throwing the ball in their court.
If they don't fix it, send a second, third, fourth, fifth, sixth, whatever notice periodically, just to note you mean business - lol.
It's only been a year since the fence went up, squatter's right to steal the land doesn't exist, that takes 21 years now. What's he going to sue him for, not letting him keep a fence on his property? Let's see...damage to the fence if he removed it improperly so that it couldn't be salvaged? He put the fence on his neighbor's property, the neighbor now owns the fence.
Again if it's not New York I can't give advice but the lawsuit would be for specific performance, to compel him to remove the fence, or to "quiet title" to his implicit claim on your property. In either case part of the suit is "in rem" to establish rights. It can always be settled, which I would have "so ordered" by a judge.
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