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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My ex neighbor sold her house with her fence encroaching on

Customer Question

My ex neighbor sold her house with her fence encroaching on my property by 6 inches over. She was supposed to remove the fence prior to selling the house. She didn't. The new neighbor is upset because He had to move it. He is now refusing that I close a two feet gap ( north and south of my property). He has made my life miserable ever since. He has repeatedly trespassed and removed plants I put to prevent wild animals from entering through the unfenced gaps (Nature preserve in the backyard).They ( wife, mother and father in-law who live there) have verbally threatened me to destroy my personal property ( zany plants) next time I try to close the gap. They have been verbally abusive ( using profanity, and accusing me of moving the property markets). I want to know, since I was in the neighborhood first, can I use dejection to prevent adverse possession and to gain title of that portion of encroached land ( where the fence was until it was removed) that way I can close both gaps ( fence them) since I will now own that small strip of land. Respectfully. Ernst G
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Just so I am clear... the new owner had to move the fence off your land since they were encroaching on your property..

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And due to him moving the fence, there is now some type of gap at either end of the fence.

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Is this gap on the neighbor's property or yours?

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If yours, what is preventing you from installing your own fence that would cover the entire length of your property?

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thanks

Barrister