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  1. #1
    Join Date
    Aug 2012
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    7

    Default Neighbor's Fence Footings Encroach On My Property

    My question involves real estate located in the State of: New Jersey

    My neighbor built a fence on the property line where the fence footings (cement) are underground on my side of the property line. A survey was done after the fence installation reveals my predicament. Can I tell him to remove those footings as they encroach my property underneath the soil? Will the court system order him to remove it if I file suit against him?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: Neighbor's Fence Footings On/Under My Property

    Is this really a hill to die on?
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Jan 2006
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    27,065

    Default Re: Neighbor's Fence Footings On/Under My Property

    Yes, you can ask (and yes, ask a court to order it if comes to that) him to remove anything that is on your side of the line. You can also agree to leave them there (and if they are actually underground and not causing you any actual damage it might be the best solution) with the understanding it is a permitted encroachment. That way he cannot claim later on that he has a prescriptive easement to be able to leave the concrete there should you need it removed for some reason.

  4. #4
    Join Date
    Aug 2012
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    7

    Default Re: Neighbor's Fence Footings On/Under My Property

    Quote Quoting jk
    View Post
    Yes, you can ask (and yes, ask a court to order it if comes to that) him to remove anything that is on your side of the line. You can also agree to leave them there (and if they are actually underground and not causing you any actual damage it might be the best solution) with the understanding it is a permitted encroachment. That way he cannot claim later on that he has a prescriptive easement to be able to leave the concrete there should you need it removed for some reason.
    Thank you for your reply. I plan to fight so if I sue, what are my chances of winning? I don't want to waste my money unless I know I will win 100%. Just to let you know, the fence was erected 2 weeks ago.

  5. #5
    Join Date
    Jan 2006
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    27,065

    Default Re: Neighbor's Fence Footings On/Under My Property

    Nothing is 100% short of dying.

    have you even spoken to the neighbor about the issue?

  6. #6
    Join Date
    Oct 2011
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    214

    Default Re: Neighbor's Fence Footings On/Under My Property

    Speaking to, or writing a letter (drafted by an attorney) would be the first step. This would save you money. That said - lawsuits cost money and your real estate attorney can conduct a analysis of your situation prior to possibly filing. My guess - not a biggie.

  7. #7
    Join Date
    Sep 2011
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    OH10
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    13,869

    Default Re: Neighbor's Fence Footings Encroach On My Property

    Understand, in order to prevail, you are likely going to need to pay for an up to date survey, to take to court. This will be non reimbursable.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  8. #8
    Join Date
    Aug 2012
    Posts
    7

    Default Re: Neighbor's Fence Footings On/Under My Property

    Quote Quoting jk
    View Post
    Nothing is 100% short of dying.

    have you even spoken to the neighbor about the issue?
    We haven't spoken since my surveillance camera caught him vandalizing my home when I wasn't home. Long story short...I confronted him, he denied it, and then he called the police for harassment.

  9. #9
    Join Date
    Jan 2006
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    27,065

    Default Re: Neighbor's Fence Footings On/Under My Property

    so, I take it you want to get back at him and make him move the bases, right?

    Unless you can do this on your own, get out your wallet and start looking for a lawyer. It's not if you win or not but how much are you willing to spend to win.

  10. #10
    Join Date
    Oct 2011
    Posts
    214

    Default Re: Neighbor's Fence Footings On/Under My Property

    Quote Quoting cergen99
    View Post
    We haven't spoken since my surveillance camera caught him vandalizing my home when I wasn't home. Long story short...I confronted him, he denied it, and then he called the police for harassment.
    Even better for you. I hope you reported this to the police ASAP and have a hard copy of the surveillance video and my sympathy on having a neighbor like this.

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