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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default Neighbor's Fence is On Our Property

    I live in Berkeley County, West Virginia. Our problem is that about 5 years ago we had a survey done on our property (the property was in my mother's name at the time) and it totally ticked the neighbor's off. We had the intention of installing a fence as soon as the survey was done but, the neighbor erected a privacy fence before we could have it done and put it up on what HE considered the property line to be. I do have pictures of the holes (for the fence posts and concrete) he dug and some are centered right on the line, however, the other holes that were completely on our property were filled in by me.

    I had the surveyors come back and put in line markers before he erected the rest of the fence along a 180 foot line. Unfortunately, the neighbor moved the line markers to where he thought they should be. I could not prove it and I could not afford another survey, so we erected our wire and steel post fence to keep the neighbor from coming onto our property (due to an ongoing neighbor harrassment issue). Our fence is approxiamately 3 to 6 inches inside our property line to keep the neighbor from damaging it.

    We finally bought the property and are planning on having another survey done with permanant line markers and my question is this:
    If the line markers show that his fence is on our property and we send him written notice to remove it within a certain amount of time and he doesnt...if we remove the fence after the time limit are we liable for any damages etc?

    Another reason that we want the fence removed is that on the back of the privacy fence the neighbor attached Pepsi vending machine fronts to it and we get to sit here and stare at 42 feet of nothin but 8 foot high pepsi signs.
    (I have contacted the Pepsi company and they say they were thrown away as trash and it's not their
    problem)
    I also have another question: the neighbor has pine trees planted approxiamately 1 foot from the fence and as they grow the branches are overhanging our property to the point where we cant even walk on our path, can we cut the overhanging branches off?
    We honestly can not afford a lawyer at the present time and I don't want to end up in court if I can avoid it.

    Thank you in advance for any info you guys can give me!!!!!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Neighbor's Fence On Our Property

    Q: If the line markers show that his fence is on our property and we send him written notice to remove it within a certain amount of time and he doesnt...if we remove the fence after the time limit are we liable for any damages etc?

    A: You don't need anyone's permission to remove your fence that is on your property regardless of who put it there.


    Q: I also have another question: the neighbor has pine trees planted approxiamately 1 foot from the fence and as they grow the branches are overhanging our property to the point where we cant even walk on our path, can we cut the overhanging branches off?

    A: Yes, if it does not harm or damage the trees.



    Q: We honestly can not afford a lawyer at the present time and I don't want to end up in court if I can avoid it.

    A: No guarantees here!

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