Fence on our property

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  • #4051

    Gibson39501
    Participant

    We have recently discovered the neighbor installed a fence on our side of the property line. About 4 inches. Can we have the fence moved? It’s actually under the eaves of the attached portico if the driveway.

  • #4056

    Lex
    Keymaster

    You should start with a request -verbal and then in writing. If the encroachment persists, it can be a small title problem when and if you go to sell the house. Usually, a buyer will stipulate in writing that they will not object -but some people do, especially if they want an easy way out of the sale.

    You may need to prove the encroachment. Be prepared to get a survey done clearly showing exactly where the fence lies on your property. You should probably start there. A house I bought recently had a protracted lawsuit on this issue and there were actually physical assaults involved.

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