How do I get neighbor to move fenced off my property

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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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