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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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my neighbor take out my fence, put his fence on my land about

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my neighbor take out my fence, put his fence on my land about 2 feet in my land last year around July without my permission. I insist that he is on his property, so I hired a survey to find out that his fence is on my land, I give him one month grace time to let him to put back his fence on his land , he did not do at the end of grace period, so I went to small claim court in Worcester, MA on OCt. 2012, but util yesterday, we got court hearing. I showed the juge clerk (he is the juge for hearing. I showed juge the photos that his fence on my land, the letter I give him a month to move the fence. but on the court, he lied that there is never my fence there, and he show the pictures that his fence is in the right place etc..
Juge told us if he give the fever decidson on him, I will have no right to re-peel, but if fever is on me he has the right to re-peel, so do u know with my evidence, can I get the favor decision?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you show the fence is on your land and have a survey to prove it, then your neighbor had no right to enter onto your land or put his fence on your land.

If he is saying the fence is not his on the official court record, you tell the judge you want in the court order that the defendant said the fence was not his fence, which because it is on your property makes it your fence and as it is your fence you can remove it and the neighbor cannot stop you.

I would suggest to you that you proved your claims though if the fence is on your property and that you have pictures of the old and new fence plus the survey.



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Customer: replied 3 years ago.


He agreed that the new fence is his, but he quickly put in the right place,


because I complain that he took off my old fence without my permission, so he saw I do not have the old fence picture so he lied that there is never a fence there.


I asked the old portion in his new fence, where he got that old fence, he pointed out it is from my property post.


 


This is first time I have been in a small claim court, I do not know from what I provide, do you feel convencing you?

thank you for your response.

He cannot put it in the right place if you have a survey showing it is on your land. Thus, the court is going to likely find in your favor.

Also, the proof in the photos showing the portion of the old fence is your proof there was a fence present.

Sounds like you actually did very good presenting your evidence to the judge.
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