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Can I remove my neighbor's fence that encroaches on my land?

Can I remove my neighbor's fence that encroaches on my land?

Q: Can I legally move my neighbor's fence without their permission?

You cannot legally move your neighbor's fence without their permission. Doing so could lead to legal disputes or claims of trespass. It's best to discuss the issue with your neighbor and seek their consent before taking any action.

Q: How can I prove my property boundaries?

To prove your property boundaries, you can obtain a certified land survey. A licensed surveyor will assess your property lines and provide a legal document that outlines the boundaries. This survey can be crucial in resolving disputes with neighbors regarding encroachments.

Q: What happens if my neighbor's fence is on my property?

If your neighbor's fence is on your property, you have the right to ask them to remove it. If they do not comply, you may need to take legal action to enforce your property rights. It's important to gather evidence, such as a land survey, to support your claim.

Full question:

If my neighbor built a fence that encroached my land by 2 feet Times 140feet can I tear it down and place it in the correct position from the certified land survey?

Category: Real Property
Subcategory: Encroachment
Date: 04/07/2025
State: California

Answer:

You can ask your neighbor to move the fence. If they refuse, you can file a legal action to compel its removal. Alternatively, you can move it yourself, but only with their consent. Acting without agreement may lead to legal issues.

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.

FAQs

What should I do if my neighbor refuses to move their fence?

If your neighbor refuses to move their fence that encroaches on your property, you can consider filing a legal action to compel its removal. This typically involves seeking a court order to have the fence relocated. It's advisable to consult with a local attorney to understand your options and the specific legal procedures in your state.

Can I legally move my neighbor's fence without their permission?

What are the legal implications of a fence encroachment?

Fence encroachment can lead to legal disputes over property boundaries. If a fence encroaches on your land, you may have the right to request its removal or relocation. However, acting without proper legal advice or consent can result in complications, including potential lawsuits. Always consider consulting with a legal professional.