Full question:
My neighbor's fence is on my property-I have sent 2 letters, cert. mail, demanding removal of the fence-can I just remove the fence or do I need a court order?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Massachusetts
Answer:
If your neighbor's fence encroaches on your property, you cannot simply remove it without legal action. Instead, you should consider filing a quiet title action or a trespass to try title action in court. This process helps determine property rights and may allow you to seek an injunction to compel your neighbor to remove the fence.
In a quiet title action, the court can order the removal of encroachments at the neighbor's expense if it finds in your favor. You may also be entitled to the fair value of the property that is encroached upon, based on expert evidence of comparable property values.
To pursue punitive damages for the encroachment, you must demonstrate that your neighbor acted recklessly, showing a conscious disregard for your property rights. Such damages aim to deter wrongful conduct and usually require proof of fraud, malice, or intentional wrongdoing.
Additionally, if you believe that the encroachment is significant, it is advisable to consult with a legal professional to understand your rights and the best course of action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.