If a fence is encroaching on my property, what do I do?

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If a fence is encroaching on my property, what do I do?

I paid for a survey to prove encroachment by the neighbor on my property. He put up a fence that is on my property. I had my lawyer send him a letter but the property owner did not respond to the letter. I would like to send him another letter informing him that I am removing the portion of the fence on my property and specify the date I plan to remove. I am not sure if this is legal. What would be the next step?

Asked on March 1, 2011 under Real Estate Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

Generally speaking if he is not responding to your requests to take the fence that is on your property down then yes you can remove the fence.  You can also sue him for trespass.  Now, here is my concern: how long has the fence been erected on your property?  There is something under the law that is known as adverse possession, where a person makes a claim to another's property by physically possessing it for a certain period of time.  That is a very basic definition to a complicated action that has many elements.   I would just speak with your attorney about it all just to be sure.  Good luck to you.


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