What happens in court regarding a property line dispute?

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What happens in court regarding a property line dispute?

My neighbor had a survey done and he says he now wants to move his fence over a foot, which is part of my driveway. He tried taking down my driveway gate and I called the police. They told him that he has to take me to court and get a judgement before he can do anything. He put the fence in 30 years ago. When we bought the house 6 years ago we thought the fence was in the correct place. What are my options? How long does this all take? Who pays for fees/costs, etc?

Asked on July 20, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your neighbor have a property line dispute regarding your adjoining properties, he has the option of filing a lawsuit against you to have the trier of fact (judge or jury) make a decision that your fence is on his property.

You then present evidence to the contrary as well as defenses (prescriptive easement) and then the judge or jury makes a decision. The decision is then made into a judgment. Depending upon what the judgment states, the fence is moved or not.

In circumstances as you are in, most people consult with competent real estate attorneys experienced in lot line disputes between neighbors. Perhaps a consultation is in order for you? These type of lawsuits are expensinve to pursue and defend.

Your options are: 1. allow the fence to be moved as desired, 2. compromise with the neighbor on location, 3. do nothing.

Good luck.

 


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