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

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

Answers:

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.


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.