Can I stop my neighbor from building her fence on MY property? .?

LightORama User

Get a surveyor out there to find the precise property line. From there, make your next move. If it is to remove the posts, then do so.

Be sure that you have it surveyed. I was doing some work on a property where the neighbor insisted I was wrong (I had done a property search at the courthouse and knew I was right). She complained, I kept on working.

She called the cops on me. I pretty much told them that I was right - showed them the paperwork from the courthouse and proceeded with my job. After she called a surveyor, she realized that she was wrong.

I never got an apology, but I was happy in knowing I was right. I was sad for her, because she had thought that the property where I was working was hers - and it wasn't.

solicrose

Oh, honey. I had the SAME thing happen. I had to go to the county court house and get the actual dimensions of the property lines. I, then, went outside and destroyed part of the fence that I KNEW was on my property. She called the police, I showed them the property line papers, and they laughed at her. They told her to remove the concrete and remaining fence. Good luck.

Believe

Check with your local municipality to see if she got a permit to put up the fence. There are times when a person is required to pay attorney's fees, but it is not guarenteed. In my state they rarely give out restraining orders in this type of situation, but check with your local court. If the fence is on your property without your consent, it is illegal. Do not let this remain, remember the old addage, possesion is 9 tenths of the law? It's true. Get this taken care of asap!

The Shadow

If you do get a lawyer and take her to court on this, you will have to have the land surveyed to prove that it is yours first of all. Which I am sure you have done already, but have it done again. Any costs that you accrue in the building of your case can be rolled into the settlement provided you win the case. You could sue for pain and suffering if you really want, but that is a little overboard. I would probably just sue for court and attorney fees, surveying fee, and for her to remove the posts from your property. There will probably be ill-will from now on between you two, but the problem will be solved at least for now. If a judge tells her to remove them, she must or face serious legal retribution and criminal charges.

hexeliebe

O.K> first of all I AM an attorney and although I would advise that you hire one to settle this matter, it is NOT a requirement.

Send her the following CERTIFIED(RRR) letter now.

Dear [neighbor name]

I have attempted, over the past few weeks, to settle the issue between us regarding your installation of a fence, a portion of which is settled upon my property as provided in my current survey.

I have, on numerous ocassions, asked that the offending structure be removed to no avail. Therefore, I have no other alternative.

If you have not removed the fence posts which intrude upon my property within three days of the date of this letter, I will accept your noncompliance as permission to correct the civil wrong and to file a civil action against you to recover the costs of such invasion of my property rights.

with regards,

[your name]

If she does not answer in the time allotted, have the posts removed and file suit in small claims court for the costs. If this does go to trial, the court will order a new survey for which, if you are successful, the court can tax to the losing party.

If the company errecting the fence appears before the three days are over, get the owner's phone number and inform them that if work begins on the fence, the company, as well as the owner personally, will be joined in the lawsuit.

Then send them a smiliar letter noticing them that a civil action is pending and that if they proceed they will be named as co-defendents.

veesmom

Before contacting a lawyer, I would try calling your local building and zoning department (code enforcement). They may be able to do something about it. If they can't they can tell you exactly what steps to take. I wouldn't think it is legal for her to build something on your property. You could always just remove it yourself also.

DennistheMenace

Who has the most recent survey? nobody? get one, then you have it on paper.....youll need it in court....once you know your right, and want some payback, let her build it, go to court, let the judge tell her to take it down, at her expence, and fill in the holes. And me, I'd stand right there barking instructions, the whole time.........

cybersharque

You must sue her for trespass to realty or else she will become the owner of the property (and yes, in Tennessee, the time limit is seven years). You will sue for damages due to her use of your property, for an injunction to require her to remove the fence, and for punitive damages for her wilful, knowing, intentional, deliberate taking of your property.

You can't get attorneys fees, and "court costs" is a joke (rarely even $100). But punitive damages can break the bank, and what's more, her insurance will not pay for her attorneys fees.

Do not accept any settlement. Insist on trial because only at trial will the jury have an opportunity to award punitive damages.

Deidre K

Yes if she is on your property for seven yaers, its hers.
if you really know the fence posts are on your property, remove them or cut them down.
If she disagrees with that move, let HER take YOU to court, or move the posts to her property

Dr Jello Doctor of Science

Sue, and make her pay for your cost. Wait till she finishes, that way it will cost her more, or you could just take a chainsaw to the post....

Small claims court doesn't cost that much.

Hockeyfan

You really should consult an attorney here. When my neighbors built their fence they had the city come out and plot the property to make sure it was on their property. Where I live it has to be a certain amount of distance from the property line too, it can not be right on the property line. Good luck.

You could also check the state statues regarding property law in TN as a start.

aviophage

You really do need a lawyer for this one. Sue her in small claims court, and expect to have to appeal to district court and/or arbitration to get some relief. The law varies from state to state, but in most states she will NOT OWN your property, regardless how many years her fence is on your side.

You can probably collect legal costs, but not necessarily. Courts vary widely. And most magistrates are not among the brightest bulbs on the tree. Expect small claims court to be a depressing experience. Again, get a lawyer.

But stupid neighbors outnumber good ones, and that is a good reason for moving out into the country. I had a similar experience once. Asked the police to stop my neighbor from cutting down my trees, and they refused to help. A lawyer got me a court order in time to save all but one tree. The cops had to enforce that one.

Then I sold the house and moved away, and the person who bought the house sued successfully and got the neighbor's house instead. Sometimes it's just who you know.

The Boss

Sue her right now before she moves into your house and claims it for herself.

sadhu

Firstly, realise on your abilities! If you are capable enough, try to remove the fencing poles. If not, try to get an injunction order from the court and proceed further legally to get back your land. Normally the Police will not interfere much actively as it is civil/revenue matter in India.

d j

some people. Anyway, all you need to do is go to the village or town hall, and explain to them what she is doing. They will come take a look, and if she is on your property, she is violating her building permit, if she has one. Otherwise she is violating lots lines, and they will make HER remove the fence, and fill in the holes.
Of course if it was me, i would chain those posts to my truck, pull them out, and drive right across her yard and leave them at her door. But you will have better luck with the village or town hall.

sassyk

Sounds more like our southern border to me.

blackmule

Sorry, there is nothing you can do. It is her fence and she can build it anywhere she wants. If you don't like it, move.

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