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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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My neighbor recently developed his property and erected a duplex.

Customer Question

My neighbor recently developed his property and erected a duplex. As it turns out the fence that I built over 15 years ago seems to be on his property. At the time that I built the fence I asked him if he would share the costs, which he refused as it was a rental property. I then asked him if I could use the existing holes for the fence that was to be removed to which he agreed. Now he wants me to move my fence. I have yet to receive any documentation regarding the actual property Line or any written notice to remove it. He also instructed his contractor to cut the which he did and which I told him to stop. Now we have a fence that is sliced in half right in the middle of our bac yard. How do I proceed?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this.I suggest you immediately retain a lawyer to send him a cease and desist letter demanding he not touch the fence until the matter is resolved. The letter can also demand that he prove to you that you put the fence over his property line. At the same time, the lawyer can determine if you have acquired rights to that portion of the property that has been on your side of the fence over the 15 years. That depends on your province and your land registry system. If the fence is on his property and you don't have a right to keep it there based on what your lawyer advises then the fence will have to be moved but if it is on the property line or you acquired rights to that piece of property it would not have to be moved and he would be required to pay for all damages you incurred.

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