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Land owner next to you intentionally put a fence up 12 inches over your property line before you bought your land and will not pay to move it to the property line or go half on it. What to do?In: Property Law [Edit categories] |
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It is a trespass and if it is not removed upon your request, you can have a court order it to be removed. If you ignore this long enough, the neighbor may eventually be able to claim the property line has moved to the fence, and you will lose valuable land rights.
On the other hand, you can also provide the neighbor with a "limited license" to use that strip of your property, and propose that he pay some nominal rent until such time as the fence is removed or other mutual agreement is made. That way the fence is no longer evidence of "hostile exclusion" which would be necessary for adverse possession.
On the other hand, you can also provide the neighbor with a "limited license" to use that strip of your property, and propose that he pay some nominal rent until such time as the fence is removed or other mutual agreement is made. That way the fence is no longer evidence of "hostile exclusion" which would be necessary for adverse possession.
First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 616 [recommend contributor]. Question popularity: 5 [recommend question]
Answers.com > Wiki Answers > Categories > Law and Legal Issues > Property Law > Land owner next to you intentionally put a fence up 12 inches over your property line before you bought your land and will not pay to move it to the property line or go half on it. What to do?
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