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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default Neighbor Builds Fence on My Property

    My question involves real estate located in the State of: Missouri

    I have lived in the same residence for the last 30 years. In our backyard, our neighbors built a chain link fence all along their property lines (multiple neighbors did this, one long chain link fence). Everything is fine and dandy. We get a swimming pool installed and there is a retaining wall that is built to support this about 4-5 feet from the chain link fence. We purposefully didn't build this wall out to the property line so we could get back there and maintain it.

    Last year, a new neighbor moves in and decides on his own that the property line actually extends all the way to our retaining wall. He asks if he can build there, we say no. 2 weeks later there is a fence post in concrete set right up against our wall. We tell him we did not give him permission to do that and he calls us a liar and said that we gave him permission. We hire a real estate attorney and get a survey done. The survey shows he is indeed on our property by the amount of space the old chain link fence was formerly located (the surveyor noted "possible encroachments where neighbors' property was located).

    The attorney sends him a letter to cease and desist via certified mail which is apparently never collected by him. At this time money is getting low since we just paid for our daughters wedding so we could no longer afford to pay the retainer fees. Now that spring is around again, time to open the pool and we go back to look and there is now a fence built up against our wall.

    Advice? Even though the survey shows the neighbor is on our property, can we go back there and tear it down? Or should we just take this thing to court?

    Thanks in advance

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,811

    Default Re: Neighbor Builds Fence on My Property

    You need to retain the lawyer and take it to court. Get an order for him to remove the fence at his cost, fix any damage, and stay off your property.

  3. #3
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Neighbor Builds Fence on My Property

    You have more patience with this type of jerk than I do. If it had been me, that fence would have been down and lying in a pile of the neighbor's yard within hours of him calling me a liar.

    BUT THAT'S NOT ADVICE FOR WHAT YOU SHOULD DO!

    I doubt that you need a court order to be able to remove something indesputedly built on your property. Your neighbor is claiming that you gave permission, which precludes him from claiming that the portion of land where he built the fence is his (If that was the case, why would he require your permission?).

    Do you have a receipt that says he refused the previous certified letter? Having that might help if he threatens to sue you once you've removed his fence. I had at one time sent a collection letter to a former client for which delivery was refused. I got the letter back from the USPS, along with a receipt stating that the intended recipient refused delivery. I don't recall if that was certified, registered, or priority with return recipt requested. Your lawyer will either know or figure it out.


    Have your lawyer send another letter telling him to remove the fence by a certain date or you will. When you do take it down, do as little damage as possible to the materials and stack them as neatly as possible on the neighbor's property. Immediately build your own fence along the surveyed line.

    Verify this course of action with your attorney, but I am certain that going to court is premature at this point and unnecessary for the current issue.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbor Builds Fence on My Property

    I am in kind of violent agreement with easpls2708.

    A pickup truck and a chain would be by first response. My response would have been to rip it out and retuning it in a pile.

    But I have to further agree and say DON"T GO THERE

    on the advice of a surveyor.

    It's just what I would do, as a surveyor, knowing what I do of the law. And what I would do to protect my property

    The Certified Letter thing is just what it is due to the fact that the letter carriers of today just fill out the form and leave it in the box.

    Try sending it by Priority Mail with delivery confirmation. Ignoring delivery can't happen.

    Good Luck!

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