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 12 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.


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