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I purchased 80 acres in KY and have the deed for it. We had…

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I purchased 80 acres in...
I purchased 80 acres in KY and have the deed for it. We had it surveyed and our neighbor has 12 of it fenced off as his property. Can we do anything?
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/1/2011
Real Estate Lawyer: Dimitry Esquire, Attorney replied 6 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Thank you for your question.

Before purchase did you survey the land? How long has the fence been on the premises?
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Customer reply replied 6 years ago
Yes, it was surveyed before the purchase. The fence went up after we told our neighbor of our survey
Real Estate Lawyer: Dimitry Esquire, Attorney replied 6 years ago
Oh I see.

So he put up a fence after being notified of your claim. In that case you absolutely have redress. Since this is not an old fence but a new fence, the other neighbor is essentially attempting to stake a claim via adverse possession. To fight him, go to court right away, sue for trespass and for damage to property (the fence), and as a remedy request legal fees and that the neighbor remove the fence. As evidence of claim, provide to the judge a bill of sale denoting size of lot, and copy of the survey line which would show your property.

Good luck.
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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