What to do if we purchased a fence for a new home and now a new home behind us is using the fence as theirs?

UPDATED: Mar 6, 2012

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What to do if we purchased a fence for a new home and now a new home behind us is using the fence as theirs?

When we bought the fence we had a professional company come and put the fence up. We did not go all the way to our property due to the shape of the lot. We now have neighbors behind us who have decided to use the back part of our fence as their back part of their fence. They did not ask if this would be OK and now our property line runs into their back yard. What are the laws on this issue?

Asked on March 6, 2012 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you placed the fence on your property you should have made sure it was placed on the property line to avoid the problem that you are now writing about. I suggest that you extend the fence to the true property line that you have. By doing so, you now avoid the issue of your neighbor using the back portion of your property beyond the fence line as his or hers.

I also suggest that you consult with a real estate attorney to further assist you in this matter.

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