If a fence sits on a shared property line and needs to be repaired, generally the cost should be shared between the neighbours on whose property line the fence sits. We are trying to sell the house. Read More: How to Write an Encroachment Notice. The neighbor is demanding we cut down a tree and remove our shed before he moves the fence 2 feet. But my wife and I just realized that their fence actually was built three feet onto our property. Does He Now Own That Land? What can we do about it? The law of adverse possession entitles a trespasser on property to claim and then own that property if certain conditions are met. I have a great relationship with my neighbors. The best of my knowledge is the fence is a foot inside my my property line and my son (previous owner) had the fence installed. We bought our house three years ago and we have never had any issues with the neighbours before. If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Nonetheless, if the fence has not been on your property for 15 years or more, the neighbor is not willing to remove the fence after repeated warnings, and you do not want to go to court to resolve this issue, you could just remove the fence from your property and place it on their property. A list of state by state requirements is included in this article's resources section. If a tree damages a fence from neighboring property, that neighbor is liable for the damages to the fence. If the neighbor's fence is on your property in New Mexico, you can ask them to remove it. He accidentally (or maybe purposefully) put the fence on my property. To avoid this, give them notice that they are encroaching on your land and — if you are prepared to consent to it — provide your consent but reserve the right to terminate it at any time and require the fence to be repositioned on the original boundary. These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. If you have similar issues, you should obtain advice from a solicitor. The qualifying period differs from state to state, but this is the requirement that undoes many adverse possession claims, because contrary to some popularly held opinion, the qualifying period in most states ranges from a minimum of 10 to 20 years. The buyer won t close the sale until it is moved. at no time did he inform me that he was going to knock down the fence and build the wall there .from what know is that he was suppose to build the wall … Leaves, pods, acorns and the like falling onto your property are consi… Nolo: What Can You Do About a Boundary Dispute With a Neighbor? The possession must be "exclusive and continuous for (some qualifying period of time)." Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Sometimes even a hedge can act as a boundary. The reality is, ASKER should probably have recived that 6 month demand to remove the fence. Question: While we were away on holiday our neighbours put up a fence, which is on our land rather than on the boundary between the two properties. A few states, California among them, allow a shorter period, but with that shorter qualifying period add other necessary qualifications, such as the payment of taxes on the property or the presentation of a valid deed, both of which usually disqualify an encroaching fence. Resolving the dispute by compromise is almost always a better solution. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. Establishing the Property Line. register with your social accountor click here to log in. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. Knowing this ahead of time will help in the event that your neighbors are difficult to deal with and refuse to work with you. You can’t make changes to your side without their permission, such as painting it. Borrow or rent a metal detector and try to locate the property markers … Thus, the building code "violation" - if any exists - is actually on ASKER's property - and NOT the neighbors. ... My neighbor's fence is on my property - I had the land surveyed to prove it and I sent a letter along with a copy of the survey and asked the neighbor to move the fence. Should they sell up and move, give the same notice to the new owners. The Fence Authority’s Fence Wars series has so far covered two potential conflicts that can arise amongst neighbors due to their fences. http://rdwaller.com/ Move the Fence. Quarrelling over the garden fence is something that sensible neighbours should avoid at all costs. What Should I do if My Neighbor's Fence is on My Property? In a few instances, the encroachment may have been long-standing. If a property owner's fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. What "hostile" means legally differs from state to state. A major source of strife in neighbor conflicts involves disputes over fences. Will my student daughter get her tenancy deposit back. Make sure you write to these neighbours periodically to renew your consent.