Do I have a right to make neighbors move their encroaching fences 11 years later?

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Do I have a right to make neighbors move their encroaching fences 11 years later?

I have been here 10 years. The 2 houses next to me have been here longer.They built my home on this lot 11 years ago which is when I bought my lot/home. I realized the existing fences on both sides of my property are over onto my property by 5 feet or more. Can I insist they move their fences off my property?

Asked on March 31, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Take all your closing documents and your deed, etc., to an attorney and ask about an action to "quiet title" which is an action to establish your rights to the property in question.  Once this is done then you can indeed ask that their fence be removed.  Now, it is always best to first go and speak with them and let them know that you just realized that the fences are over on to your property and to say offer to help pay to move them back. If they refuse then seek the legal steps necessary to do so.  Good luck.


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