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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default Fence Line Issue

    I live in Nebraska and have an issue with our current neighbor. Our home was new construction just over a year ago and shortly after that we added a fence. We went through all the proper steps to have a company construct the fence. The company stated that when they install fences that they move in at least 6 inches from the property line to install. Since ours was new construction, it is still clear to this day where the property line is from the markers.
    Now the issue. We recently had our neighbors move out and a new family move in. One day we noticed that they constructed a fence and attached it to our existing fence. No contacted was made by the family before or after the construction of the fence. Now there fence is attached to ours without permission and clearly across our property line. After seeing ours I noticed that they did the same to the property on the other side of them.
    My question is, what are my options to resolve this problem? I believe if I don't say anything, that this property could eventually become theirs because I did nothing. Any suggestions for where to find state law on the issue? Thanks NEHusker

  2. #2
    Join Date
    Jan 2006
    Posts
    20,708

    Default Re: Fence Line Issue

    why make it difficult, tell them to remove that portion of the fence that encroaches upon your property.

    If you don;t mind them being attached, you could write a letter of permission to allow them to continue as is. One of the requirements for adverse possession or prescriptive easement is it must be "adverse" to the owners wishes. Giving permission would negate an AP or PE claim and it could be revoked at any time (as long as you did not put something any different in a the letter.)

    here is a link for Nebraska statutes invilving fences. You may find some of them interesting:http://uniweb.legislature.ne.gov/Leg...?page=s34index

    here is a link to all of the Nebraska statutes: http://uniweb.legislature.ne.gov/Leg...index_statutes

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