How long do I have to give neighbor to remove fence from property

I just had my property surveyed after husband passed away because of
dispute with his brotherneighbor

Neighbor’s fence and gate is on my property – I want to send certified
letter of need to remove ….. how long do I have to give him to
remove fence?

Asked on July 20, 2017 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no hard-and-fast length of time: you only need to provide him a "reasonable" time. In my experience, for something like this, sixty - ninety days should be reasonable; I'd recommend 90 days, and if he responds favorably but just needs a bit more time to arrange for it, you should give him a further extention in writing. This way, you show that the neighbor has a fair opportunity to do this, and so if they fail to do so, it is their fault, not yours.


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 AttorneyPages.com 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.