How can I get my neighbor to move his fenceand driveway off of my property?

I recently acquired a piece of property that has been in family since the 60’s. The neighbor has been moving over into our yard since 2004. My father constantly had to convince him to move back. 1st it was just bushes, then he widened the drive and now he has put up a fence. I had a survey done showing the encroachments and ask him to move. He refused. I sent him a registered letter with a copy of the survey and giving him 30 days to move the drive and fence. The 30 days are up today. The drive is still there and he pulled up my survey stake.

Asked on July 26, 2010 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is good news and bad news for you.

The good news is, assuming that the survey, deeds, etc. are correct and you know the proper boundary of your land, you neighbor has NO right to encroach on it. (Note: this is also assuming there is no easement in your neighbor's favor, but that should have shown up on the deed and in the title search.) You should be able to force your neighbor  to remove his encroachments at his expense and possibly even pay you damages for  the time he has encroached.

The bad news is, the only mechanism for  vindicating your rights is  a lawsuit; you will need to sue your neighbor if he will not voluntarily comply. You should consult with a real estate attorney immediately, to evaluate exactly how best to go about asserting your rights and seeking compensation. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.