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

Answers:

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.

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