What do I need to do to get neighbor t move his fence off of my property?

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What do I need to do to get neighbor t move his fence off of my property?

I have talked to the neighbor and he agreed to move his fence 2 years ago, after a year passing he said he was still planning to move it. Now another year has passed and he has still yet to do so. I have had my land surveyed and have paperwork showing him over my property a good 8 feet.

Asked on January 26, 2018 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would have to sue him: you would bring a lawsuit in county court seeking a "declaratory judgment" (or court determination) confirming the boundaries of your land and a court order requiring that the fence be moved at his expense (and that he fill in any holes or repair any landscaping damage done or left in the process). Only a court order could force him to move the fence if he won't do so voluntarily. This type of lawsuit is significantly more procedurally complex that bringing, say, a small claims case against someone for a fender bender or unpaid bill; you are advised to retain an attorney to help you.


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