Full question:
Recently My South Side Neighbor incorporated a wooden fence without having a professional surveyor staking out the property border. He put the fence on my property according to the land surveyor I hired afterwords. It cost me $600.00 for the survey I have asked my neighbor to move the fence on the borderline where it is being indicated by the professional land surveyor. He does not want to move the fence on the border line. Can I take off the wooden fence from my property???? Please answer.
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: New York
Answer:
If your neighbor has built a fence on your property without your permission, you may have legal grounds to remove it. This situation involves property encroachment, where someone unlawfully occupies land that belongs to another. You can pursue a quiet title action or a trespass to try title action to resolve the issue. In such cases, the court can issue an injunction to compel your neighbor to move the fence.
A quiet title action allows you to ask the court to formally recognize your ownership of the property, while a trespass action addresses the unlawful encroachment. If you win, the court may order your neighbor to remove the fence and could award you damages for the loss of use of your property. This may include the costs you incurred for the survey.
It's important to note that if a surveyor was negligent in determining property lines, they might also be liable for damages. Additionally, if the neighbor's actions were reckless, you might be able to seek punitive damages, which require proof of wrongful intent.
For further assistance, consider consulting with a legal professional who specializes in property law.
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.