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Attorney 1
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Category: Real Estate Law
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Neighbor sent certified letter informing them of

Customer Question

Neighbor sent certified letter informing them of encroachment of fence and asphalt driveway on property by 5 feet in May 2014 and me needing to repair home because of leaking on side of my home. Neighbors refusing to move and as of Dec. 28, 2015 fence has not been removed. Being DISABLED what am I too do next
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of this unfortunate situation, but happy to say that you do have recourse. Since it was established that the neighbor's fence is on your property, it must be removed. Since the neighbor is not willing to move the fence, it is important to take action, because failing to do so may ultimately result in the lawrecognizing new boundaries. In order to force the neighbor to move the fence, a court action will need to be filed seeking injunctive relief. The court can then order removal of the fence. To get the ball rolling, you would need to hire an attorney in your area to bring the action on your behalf. A good referral source will be your county bar association. There should be no charge for the referral and no charge for the initial consultation with the attorney to whom you are referred. Another choice would be legal aid, which provides free legal services, including litigation, to persons who are disabled or unable to afford an attorney.

I hope this information helps. If you need additional information or clarification, just let me know and I will continue to provide assistance. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!