If my neighbor moved their fence in 2 feet onto their property line, do they have a right to keep me off the approximately 18 inches of land that is now on my side?

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If my neighbor moved their fence in 2 feet onto their property line, do they have a right to keep me off the approximately 18 inches of land that is now on my side?

My neighbors put in a new fence 2 feet in on their property line out of spite since my wife and I wouldn’t help them pay to replace the old fence their dogs damaged. The new fence is up, and their dogs continue to run into the new fence, and I fear it will be damaged again soon. Do they have a right to demand my dog stay off the 18 inches of land that is now on my side of the fence?

Asked on April 10, 2012 under Real Estate Law, Illinois

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

They own the property.  They have the right to keep you off the property.  If you  or your dog go on the 18 inches, it is a trespass.  They can sue you for damages for each and every trespass.


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