How do I get neighbor to move fenced off my property

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How do I get neighbor to move fenced off my property

I have a chain link fence that is 18-24 inches inside my property line. My neighbor has put a fence up and it has been attached to my fence. I am wanting to install a privacy fence on outside of my chain link fence but privacy fence will run the full length of my property. My neighbor refuses to allow me access or allow me to remove his hog wire fence from my property. How would I get him to be court ordered to allowe access to my property?

Asked on October 22, 2016 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue him in chancery court (a division or part of county court) seeking a declaratory judgment (court determination) that his fence is on your land and must be moved, and a court order requiring him to remove it and also pay to repair/redo any of your fence or landscaping that he damages in the process. This is similar to filing a complaint for monetary damages in the "regular" (e.g. not small claims; small claims can't help because it can only grant monetary judgments, not court orders) part of country court, though there are some small procedural differences. Obviously, the easiest thing to do would be to hire an attorney and let him/her help; if you want to do it yourself, you should be able to get instructions and possibly sample forms from the court clerk's office and/or court website.


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