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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6872
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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My neighbor erected a fence a few weeks ago that encroaches

Customer Question

Hi. My neighbor erected a fence a few weeks ago that encroaches on our property according to a land survey we recently had done. What steps can be taken to compel them to move the fence? They have refused to move the fence.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: I'm in North Carolina. Nothing has been reported yet. My request to the land owner to move the encroaching fence has been documented.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Since you already have a survey which is exactly what you need you would start by sending a letter certified mail return receipt requested advising the neighbor that that their fence is encroaching on your land that they need to remove the fence with in so many days of the mailing of this letter or you will take the matter to court to court to have a judge order them to remove the fence.

I know you already spoke to them about this, the certified letter is proof (if necessary) to show the court that you tried to handle this without going to court and the neighbor refused to comply. You don't want to touch the fence as this is considered the neighbors personal property. That being said they will be ordered to remove it if they do not comply. Give me one moment to pull up the law for you.

Expert:  Attyadvisor replied 10 months ago.

The legal term is an "encroachment" on your land. North Carolina views this as a trespass

After you send the letter, if the fence is not removed you would bring an action for trespass.

It is important not to allow the situation to remain as the neighbor can claim an interest to the portion of land that the fence is situated upon through the “adverse possession”

Where in North Carolina are you located so I can provide a link for Attorneys in your area that provide FREE consultations? Perhaps a letter from a local Attorney will resolve the problem if the neighbor does not respond to your certified mail demand.

Expert:  Attyadvisor replied 10 months ago.

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