Real Estate Law
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Good afternoon! Yes, you absolutely have recourse here. You want to first send him a letter by certified mail which establishes official notice that his fence is located on your property and demand that he move it to his own property within a short specified period of time. Inform him that otherwise you have no choice but to have it removed at his cost. You have this right because anything affixed to your property becomes your property. Then, once removed, if he doesn't reimburse you for the cost, you would then indeed be able to file a claim against him in small claims court for the cost of removal and all other costs you've incurred in this process. You don't need a lawyer for this. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.
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