property line dispurts with my neighbor

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property line dispurts with my neighbor

my neighbor put up a fence on our property he has taken about an eighth of an acre of our property so I need to know what forms I need to fill out and file with the courts to get it back I don’t have the money for a lawyer so I will be representing myself and my sister we just found out he was on our property in december of 2018 he tolded us where the line was so we had it surveyed in june of this year so what do I need to do

Asked on July 24, 2019 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You file a lawsuit against him in chancery court (also known as "equity" or "general equity") which is the part of county court dealing with matters where the main issue is NOT monetary compensation but rather deciding issues like who owns what. You file the lawsuit against the neighbor and have to file and serve it on him according to court rules. (You can find your court rules online.) In the lawsuit, you will ask for a declaratory judgment, or court determination, as to where the boundaries are, and a court order that the fence be taken down at your neighbor's expense (and that he pay to repair any landscaping, etc. damage). You should be able to get some instructions and forms from the court, either online or in person at the clerk's office.


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