What doI do to get a neighbor’s fence moved off my property?

Asked on September 18, 2011 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Get an attorney to help you; that's what you should do, because this may require legal action and could become contentious.

First, you need to be able to prove the fence is on your land; a survey will be needed. An existing one *may* suffice, if it can be clearly seen that the fence is mislocated; if not, you will need to commission a new one.

Once you've shown that the fence is on your land, it probably makes sense to approach the neighbor and see if (s)he will move it voluntarily. If (s)he doesn't, though, you will need to go to court--which means bringing a lawsuit--and filing a complaint. The complaint will probably (though let your lawyer guide you) seek declaratory relief (the court declaring that the fence is mislocated or intruding), injunctive relief (or a court order that the fence be moved), and possibly compensatory damages (compensation for costs or losses you have thereby incurred). Good luck.

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