Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Allegation of Encroachment by an Improperly Placed Fence

    My question involves real estate located in the State of: Kentucky
    I need some advice and was hoping someone would chime in.

    The neighbor hired some guys to put up a fence while I was at work and the first day they had ¾ the post in, which was on my property by a few feet. I approached the owner and ask if they knew that the fence was over on my property some. They agreed to the observation and said it would be corrected the next day when the workers returned. The next day the workers returned to complete the fencing job while I was at work and continued their encroachment on my property. Upon returning home I once again explained the situation to the neighbor and was met with resistance and threats. Their workers were going to charge extra to remove and reinstall the fence. I gave them a cooling off period and once again approached the neighbor and ask for the fence to be removed but was met with an “OH! WELL” we don’t care attitude.

    While not wanting to put money into litigation I would like to force their hand into either moving the fence or secondly, suing me for removal of their fence. I am 100% sure by deed and survey that their fence is on my property as the original survey markers with the orange caps are still in place. This fence is hindering me from finishing some livestock fence that is desperately needed and making a portion of land I own unusable as I do not want to put up an additional fence further into my property.


    Here is the letter I intend to send with signature confirmation. Please advise. THANK YOU!


    RE: Encroachment/Improperly placed fence
    DEAR XXX,
    The fence you had erected was done so on our property and encroaches upon our land both by recorded deed and survey. This encroachment is a continuing nuisance and is interfering with our ability to appropriately use the property for livestock. Having previously discussed this encroachment prior to and during the construction process, this matter needs to be resolved swiftly. Please remove this fence from said property within 10 days from the above date. If the fence is not removed, it will be considered abandoned refuge and removed.
    Thank you,
    BLA BLA BLA

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Encroachment/Improperly Placed Fence Letter

    While you don't want to go to court, you may still wish to consult with an attorney and have them handle a letter like this. Letters from attorneys have a fright factor well above letters from neighbors. Lastly, be sure to send it certified.

    In terms of the letter itself, I would give them 30 days (since adverse possession in KY is 15 years, a difference of 20 days at this point is negligible.) before you step in.

    Also, you have no basis to claim that the fence is abandoned or refuge? (refuse?); while the fence is on your land, the material it is made of is your neighbor's property. If you destroy his property, he could hold you liable for that cost. If you are the one who removes the fence, I would dismantle it carefully and lay it neatly just on his side of the line.

    You state that you are trying to complete your own fence. Once it is clear to build, you may want to bring your surveyor down to stake the line between the orange caps to be sure that your fence does not encroach by even an inch. I'd be willing to bet that your neighbor will be watching that line very closely when the tables are turned.

    Good luck!

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

    Default Re: Encroachment/Improperly Placed Fence Letter

    whatever you do; do not damage the fence. If you remove it, be careful in doing so and set it on their property.


    You had best be sure of the line if you are going to do this though. If it is later discovered you are wrong, you could face criminal prosecution as well as the civil issues.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Encroachment/Improperly Placed Fence Letter

    I agree with the previous posters.

    You need to spend a few hundred and get an attorney on board soon. The letter is of course the next step and let the attorney handle that and any threats or demands. The neighbor has already decided to move forward on bad terms with you despite verbal notice and it will likely only get worse until you act on it. I wouldn't touch the fence without the advice of an attorney.

    Hiring an attorney and sending a letter does not put you on some kind of fast track to court. It's usually one of the better ways to avoid it.

    1. Sponsored Links
       

Similar Threads

  1. Fences and Walls: Building a Fence Around an Encroachment
    By jjohnston in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 09-22-2011, 01:31 PM
  2. Fence Encroachment
    By jramshu in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-03-2010, 04:28 PM
  3. Fence Encroachment
    By kat1975 in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 06-30-2010, 07:26 PM
  4. Fence Encroachment and HOA
    By rickfl654 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-09-2008, 12:21 PM
  5. Fence Encroachment
    By mjrateliff in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-28-2007, 02:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources