Re: Enchroament
Posted by Vincent M. Smith on 9/12/08

On 5/09/08, Robert Olbrich wrote:
> Neighbor built 200' of fence 9" on my property. What rites
> do I have?

You must first establish you're rights Bob. Did you stand
back silent when this B---- dug holes in you're property for
his/her benefit or did you stand up. Did you demand that the
neighbor move the fence back 9"+?

These questions are very important in the eyes of the law.
There is a doctrine of law called "latches" i.e. the
offended person who sleeps on his rights loses them.

Having said as much,if you allow the neigbor to keep the
fence in place, he will gain title to 9" of your land
through "Adverse Possession" (check on you local statute of
limitations for such).

Here is what I would do, if you have not done so already.
Invite you're neighbor over for a cup of coffee and show him
the survey. Walk the line together. If neighbor is hostile,
proceed to the next step.

File an action for trespass. If you suffered actual damage
(destroyed lawn etc) you are entitled to money. Restitution
money is also available (extra 9" unjustly benefited
neighbor).

However, it sounds like you want the fence removed from
you're property. Get an injunction/ejectment decree
enjoining neighbor to remove the fence. You can do this
yourself.

Good Luck,
Vince Smith

Posts on this thread, including this one

• Enchroament, 5/09/08, by Robert Olbrich.
• Re: Enchroament, 9/12/08, by Vincent M. Smith.