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  1. #1
    Join Date
    Feb 2012
    Location
    Nlorth Carolina
    Posts
    2

    Default How to Get Neighbor to Remove Their Fence on My Property

    My question involves real estate located in the State of: North Carolina

    About 4 years ago my neighbor built a fence along our common property line. We did not pay much attention at the time as the fence is mostly hidden behind large evergreens we had planted when we bought the house new 8 years ago.

    Now we are looking to upgrade our landscaping and we had to have a survey done for our HOA review to ensure the plan stays on our property. The surveyor, from the firm that set the original plats for the entire subdivision back in 2003, found the neighbor's fence is over the property line by up to 30 inches, for about 15 feet.

    We sent the neighbors a certified letter asking them to move the fence within 30 days. That time is now up and they have not moved the fence nor advised of any disposition, issue, etc. (we are not on speaking terms with the neighbors and they have several aggressive dogs that make approaching the house not appropriate).

    We would like direction on next steps to push the neighbors to action.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,571

    Default Re: How to Get Neighbor to Remove Their Fence on My Property

    As they have ignored your letter, it's probably time to have your attorney send them a letter.

    Did you send a copy of the survey showing the fence encroachment with your first letter? If not, it's time to get it to your attorney for inclusion in the next letter. If you do not have a plat map from the surveyor showing the encroachment it's time to get one. You are going to need it going forward.

    Another approach, if your line is clearly marked on the ground by your surveyor, is to simply move the fence yourself, or have it moved. Fifteen feet can only be a couple of fence posts so it's no big project. Again, it would be good to get a letter to the neighbor in advance with the survey attached stating your intention to remove the fence from your property. A diligent attorney will also CC the local police department in advance with the letter, along with a cover letter, in order that the police will not feel it necessary to respond if the neighbor calls them about your fence removal.

    Good Luck!

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Neighbor to Remove Their Fence on My Property

    and since you have an HOA that is active, you might speak with the members to see if there are any rules that prevent an owner from encroaching on another's land.

  4. #4
    Join Date
    Feb 2012
    Location
    Nlorth Carolina
    Posts
    2

    Default Re: How to Get Neighbor to Remove Their Fence on My Property

    Thank You both for your input.

    We do not have a new plat diagram as the surveyor affirmed the original plat was accurate and the original corner pins were still in their right place. This is the same surveyor that staked the subdivision in 2003, including both our lot, the neighbors at issue, and the other 60+ lots in the subdivision.

    He did put survey stakes every 25 feet down the property line so the encroachment is very obvious.

  5. #5
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: How to Get Neighbor to Remove Their Fence on My Property

    It would be helpful for you to have the surveyor draw a map that shows the existing fence relative to the lot line.

    Also, since the neighbor has several aggrssive dogs, simply moving the fence on your own presents potential safety issues for you, for the dogs should they get lose and get lost or into road traffic, and possibly to other neighbors if the dogs get loose and are as aggressive off their property (their territory) as they are on it. Your local attorney can advise you on your options dealing with that situation.

    For many people, dogs are family. Unfortunately, dogs can't be reasoned with, and so the act of simply exercising your rights by moving the fence after giving reasonable notice has the potential of escalating a simple fence placement issue into something much bigger.

    I hope you are able to get the neighbor to move the fence, or at least keep himself and his dogs out of the way while you move it. Good luck.

  6. #6
    Join Date
    Oct 2008
    Posts
    26

    Default Re: How to Get Neighbor to Remove Their Fence on My Property

    Something that we do frequently is to take photos of the lathes or stakes set on the common lot line and include those with a copy of the invoice from the surveyor showing his statement that he set those line stakes and make a packet of these documents to keep with you.

    The photos are worth a 1,000 words. The location of the stakes and the fence shown in the photo should clearly show the problem.

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