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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33087
Experience:  12+ yrs. of experience including real estate law.
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I have a neighbor that is extremely hostile that has built a

Customer Question

I have a neighbor that is extremely hostile that has built a nice looking fence on what he considers his property, however, I had my lot surveyed at a cost of $700.00 and he returned again to re-verify his original findings. My neighbors fence is definitely on my property and he refuses to move it. I am retired and will be selling our house in the near future. I am sure it will become an issue. Can you please call me or advise me how to handle and at what expense? Thank you in advance.
J
Doug Larson (###) ###-####
Indianapolis,Indiana 46250
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

What you are describing is "trespass". That is, if your neighbor has erected a fence on your property, they are trespassing on your property.

There are a couple of ways to approach this.

First, you could file a lawsuit in civil court and ask the court to award you damages (money) for this trespass. You could file the lawsuit in small claims court. Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. For example, the survey that proves that the fence is on your property would be helpful.

Another way to approach this would be "self help"....if there is fence on your property? You can remove it. Just make sure that you only remove fence on your property (since if you remove from his property that would be a basis for him to sue you)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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