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I have a question on how to proceed with a fenceline dispute

 
 
 

Customer Question

I have a question on how to proceed with a fenceline dispute in Wisconsin.
In 1999, I purchased 11 acres of land and buildings from my neighbor and did so without a survey. My neighbor was unsure where the property line was exactly, so we guessed at the time, well knowing that it may not be right. Several years later, he built 2 sheds on the land next to the "fenceline". Due to the inability of my neighbor to keep his livestock in, we decided to put up a better fence. Since we didn't know where the line was, I paid to have a survey done, only to find out that one shed is on my property and the other is only 2 feet from the line.
After finding this out, my neighbor has been unwilling to discuss it with me and I came home one day to find that he put up the "better fence" on my land without my permission and wanted me to sign some papers that would give him the property in question.
Where do I go from here? Remember, I've already tried to be nice.....

Submitted: 1006 days and 4 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

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State/Country relating to Question: Wisconsin

Already Tried:
coming to resolution my speaking with each other

 
 
 
 
 
 
Posted by JD 1006 days and 4 hours ago.

Response From Expert

How long ago was the shed built? Also, where was the previous fence in relation to the new one and how long has the old one been there?

 
 
 
 
 
 
1006 days and 4 hours ago.

Customer Reply

The shed was built about 6-7 years ago.

No previous fenceline was in place prior to the purchase of the property in 1999.

 
 
 
 
 
 

Accepted Answer

You will want to see a local attorney and have a letter sent to him demanding removal of the shed from your property. If he refuses then you may file an ejectment action against him for the removal.

 

This assumes the shed can be moved.

 

If the shed cannot be relocated without its destruction then the court will likely engage in some sort of equitable remedy (assuming everyone was acting in good faith at the time). A local attorney can help you understand the type of disposition to expect as it would vary from judge to judge.

 

Please reply if I can help further.

 

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JD40046.9118179745

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Expert: JD
Pos. Feedback: 100.0 %
Accepts: 592
Answered: 8/21/2009

Lawyer

Over 11 years in practice as a litigator ... civil and criminal

 
 
 

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