Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Neighbor's Fence is on My Property

    My question involves real estate located in the State of: Washington.

    Hi. I live in Pierce County on 5+ acres. The neighbors have over 20 acres and the field fence (post & wire) in the far back corner (in dense woods) is about 15 feet into our property (with a run of ~400 feet), so we're dealing with a significant amount of property. This entire section of fence is in the woods and not visible from their home. There are no animals involved and the fence is broken down in places since it has likely been standing for decades. We recently had our property surveyed and recorded with the county and the line is clearly marked. We plan to put up a chain link fence soon. Is it within our right to remove the existing fence that is clearly on our property or do we have to notify the neighbors prior since it is technically their fence? We have no idea at this point whether the neighbors would contest this since we haven't discussed it (yet). We're trying to get our ducks in a row in case there is resistance. The neighbors are quite nice and we're hoping things go smoothly (of course!). Do the neighbors have any right to this section of our property???

    Any advice and/or contact information is greatly appreciated!

  2. #2
    Join Date
    Sep 2009
    Posts
    14

    Default Re: Neighbor's Fence is on My Property

    Do good fences really make good neighbors?

    You should show them the survey, where it estates that that part of the property is yours, and that you are just letting them know that you will remove that fence, because it's in your property. I don't know, but I think that the best policy for everything is communication, talk.

    This entire section of fence is in the woods and not visible from their home. There are no animals involved and the fence is broken down in places since it has likely been standing for decades
    If they put that fence (if they thought that part of the property was theirs), they should have maintained it properly, and not let the fence to be broken on parts.

    But removing it yourself, or letting them know first, is your own decision.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbor's Fence is on My Property

    It's a good thing that you have had a survey done.

    But if the fence has been in place for decades, as you say, it may not matter much.

    You and your neighbors can both go to court and ask for a resolution, if you cannot agree on the boundary. An "ancient fence" which you have basically admitted to seeing somewhere in the woods can have a life of it's own in court. I wouldn't recommend removing it just yet.

    Better to try to work it out with your neighbor if they are amenable, as the previous poster has suggested. If not, you may be in for a long and expensive litigation. Sounds like less than a tenth of an acre to me. What's the land worth?

    1. Sponsored Links
       

Similar Threads

  1. Can My Neighbor Take Down My Fence Because They Feel It is on Their Property
    By jenn896 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-29-2010, 12:16 PM
  2. Neighbor Building Fence on My Property
    By realdeal in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-16-2009, 06:25 AM
  3. Neighbor Removing My Fence on His Property
    By Suzy in NM in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 12-31-2008, 10:32 AM
  4. Fences and Walls: Neighbor's Fence is On Our Property
    By tsimpson in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 05-30-2007, 10:11 AM
  5. Neighbor's Iron Fence in my Property
    By dduhak in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 07-15-2005, 08:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources