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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a previous question that was not accurately read

Customer Question

I had a previous question that was not accurately read because the answer did not quite fit the question. The Problem - Long ago my parents placed a wrought iron fence inside the lot property line by approx 4 feet. They did this because that allowed the
fence to meet a large plnter and enclose the side of the front yard. Very recently, I contracted to have trees trimmed whose branches overhung the fence. These trees are outside the iron fence but still within our property boundary. When the tree trimmer tired
gain access to cut off the branches he walked outside the fence but remained on our property. A neighbor watching the house (not the property owner) raised Kane & refused to allow my trimmer 2 continue. Thus far, the branches that need to be removed have not
been removed. I was inquiring about how to proceed. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First of all, if the property is your property on your deed and no legal action has been filed by the neighbor for a boundary action based on adverse possession, the neighbor cannot prevent you from going onto your land. All you need to do is show your trimmer the deed as proof the land is your land. You also need to send the neighbor a written notice with a copy of the deed survey showing the land is your land and inform them they cannot keep you off of your own land.

Furthermore, if he tries to continue doing this, you would have to sue him to get the court to issue an injunction and court order that declares the property your property and then he could no longer interfere.