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

Answers:

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.


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