Follow us!

    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

    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

    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.

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.