Real Estate Law
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Since you already have a survey which is exactly what you need you would start by sending a letter certified mail return receipt requested advising the neighbor that that their fence is encroaching on your land that they need to remove the fence with in so many days of the mailing of this letter or you will take the matter to court to court to have a judge order them to remove the fence.
I know you already spoke to them about this, the certified letter is proof (if necessary) to show the court that you tried to handle this without going to court and the neighbor refused to comply. You don't want to touch the fence as this is considered the neighbors personal property. That being said they will be ordered to remove it if they do not comply. Give me one moment to pull up the law for you.
The legal term is an "encroachment" on your land. North Carolina views this as a trespass
After you send the letter, if the fence is not removed you would bring an action for trespass.
It is important not to allow the situation to remain as the neighbor can claim an interest to the portion of land that the fence is situated upon through the “adverse possession” http://www.nolo.com/legal-encyclopedia/who-can-claim-property-based-adverse-possession-north-carolina.html
Where in North Carolina are you located so I can provide a link for Attorneys in your area that provide FREE consultations? Perhaps a letter from a local Attorney will resolve the problem if the neighbor does not respond to your certified mail demand.
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