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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116817
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a neighbor who won't stay on her side of the fence.

Customer Question

I have a neighbor who won't stay on her side of the fence. we both own. She put the fence up and thinks she can come on my side whenever she wants to pick up twigs or just generally be nosey. I have posted no trespassing and even tried to take her to court but had no evidence
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to take video, set up a camera and you need to use that as evidence in your trespassing suit against her. Also, you need to get a survey done to determine the actual boundary of the fence. If the fence is indeed inside her property line, she can come onto her property on the other side of the fence to maintain the fence or do what she wants as long as she stays on her actual property.
You do indeed need actual evidence though, so it is not surprising if you went to court without that evidence that you lost. You need to gather your evidence by getting a survey done and also setting up a video camera and recording her actions (video cameras that transmit and record on your computer are cheap these days) and that is what you would need to present in court for evidence to put an end to her behavior.

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