Hello,

If a neighbor is encroaching on an owner's property, the first thing that is typically done is to try to resolve it amicably by sending them a written letter certified mail along with a copy of the survey and asking them to voluntarily remove the fence so as to avoid the need for any further action.
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Then if they ignore it, an attorney can send a "cease and desist" letter to remove the fence or they will be sued for trespass and ejectment and could be held liable for damages and legal costs.
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Then if they still ignore it, the owner would have to actually file a lawsuit against them for trespass to property and ejectment where they would get an injunctive order from a judge that stated that they had to move the fence or be held in contempt of court. The owner can also recover any damages and costs they have incurred in ejecting the wrongful trespass.
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But you can't just tear it out and move it without a court order. If you did so, the neighbor could claim that it was damaged and sue you for it.

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Thanks.

Barrister

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