Can I remove neighbors fence that is broken and incroaching on my property line?

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Can I remove neighbors fence that is broken and incroaching on my property line?

NYC – Neighbor installed fence using foundation that held my old fence on my property. Most of her fence fell down & remaining pieces are barely standing. My concrete is now broken and she refuses to build new foundation on her property to support it.

Asked on March 25, 2009 under Personal Injury, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

You need to ensure it is on your property.  Do you have a survey? Further, anything falling on your property you can throw out.  In terms of her fixing it, is the foundation on your side, her side or divided?  Did she install the fence partly on your side without your permission?

You will need a land use attorney to determine if she has trespassed on your property. Do not resort to self-help.  Try attorneypages.com and also contact your local zoning/planning board.


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.

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