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  1. #1
    Join Date
    Feb 2006
    Location
    California
    Posts
    1

    Default Neighbor's fence is on my land

    I bought my house one and a half year ago. My neighbor bought his 5 months before mine.

    I had my land surveyed and boundaries marked. The surveyors found and marked all existing county markers. My neighbors’ fence is about 3 feet in my land.

    My backyard is a hill and only that one side has a fence. The previous owner of the neighboring house put the fence.

    When I told the new neighbors, they said no problem we will move it, just give us some time. This was May of 2005.

    Since then, they are avoiding me. I sent them a letter giving them my email address and asking them please let’s discuss a mutually agreeable resolution. No response.

    I sent them a certified letter and they did not pick it up.

    When I asked the neighbors wife, she said “Oh we forgot, he will call you next week!”. This was one month ago.

    Is there a problem with me hiring laborers to remove and place the fence on the correct line marked by the surveyors?

    If yes, how should I approach this? I want my land.

    Best regards,
    Henrick

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problem with Neighbor

    You may wish to send a letter, or perhaps better have your lawyer send a letter, describing your intention to remove the fence from its present location and place it along the property line (in accord with any setback requirements), if they don't do so themselves by a specified date. If you move the fence yourself, presumably it would end up on your side of the property line as you can only authorize the workers to enter your own property. A local real estate lawyer should be able to clarify your rights, and help you formulate the best possible plan to bring closure to the issue.

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