What to do about a property encroachment?

I moved onto the property 15 years. ago. When I moved there I discussed our property line with my neighbor. He told me that the power poles and line between our properties is the border. Over time I planted pampas grass, put up fencing, erected a gazebo. There was never any question or complaint from my neighbor. He built a sound studio in his backyard and now has decided to put up a fence. He apparently had the land surveyed and the line is from 5 to 10 foot on my side of the agreed upon border. He ow wants me to move everything including my power pole. The fence he is planning will run about 5 or less foot from the end of my house. I have had discussions with him in the past about him burning household waste, flooring and carpeting next to my property endangering my animals,house and myself. I have also spoken with him about the piles of trash, debris and disarray he keeps his yard in.

Asked on July 25, 2012 under Real Estate Law, South Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need a lawyer. You unfortunately relied on his verbal assertions which are not relevant in property disputes. The fact he didn't say anything may be a small factor to help you but encroachment cases usually don't require the intent to encroach. You should have a surveyor survey your property and look at the registry of deeds for the historical descriptions of the property in question.

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.