My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.
We have recently implemented a new payment and feedback system. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a lower rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.
You have two options in this situation. The first, if the fence is on your property, is simply to remove it - if you can do so without setting foot on her property
(that is very important). If the property line is set in a way that you would have to step on her property to remove the portion on your land, or touch parts of the fence that are on her property, you can't do that. The primary problem with this solution is that she could sue you, if you're wrong about where the property line is (but it doesn't sound like that's the case). She would be entitled to the pieces of the fence, because that's her fence. Of course - you run the risk that she's just going to put it back, which doesn't solve anything.
The second option is to sue her for trespass. Trespass is a strict liability offense. That means that it doesn't matter why she's on your property, or if she intended to trespass or intended to harm you or your property. All that matters is that you own the property, and she intruded upon your land without permission. What you're entitled to is the cost of removing the fence from your property and restoring the land to the condition it was in initially. You've got the survey, which makes it pretty clear that she's on your property line. She can't just go to court and say, 'The surveyor is wrong." (Based on what? How could she know?) She would have to get another survey done that shows the property line somewhere else, and then the judge gets to decide who is right. I don't know how much it will cost to restore your property, but you can sue for up to $2,500 in Small Claims
Court, which tends to be very user-friendly. All you need is a couple of estimates, pictures of the fence, and the survey.http://courts.ky.gov/nr/rdonlyres/e452ffe9-4aa1-4879-b459-64ffbd3ab5bb/0/small_claims2.pdf
The third option is to send her a letter, via certified mail, demanding that she remove the fence or you will sue her for damage. That works in many cases, but from what you've said, it doesn't sound like it would be effective here. Still, you do have the right to try.
Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.