Saturday, February 28, 2015

My neighbor torn down a fence on the property line, with part of it on his side, part on my side, been there over 10 yrs. He trespassed on ...

Question

My neighbor torn down a fence on the property line, with part of it on his side, part on my side, been there over 10 yrs. He trespassed on my property to do it. He proceeded to pour concrete slab right up to prop line, and erect a bldg/shed. City got involved and issued him cease and desist, he had no permit, and violated 10 ft setback. This went on for more than a yr, fence was torn down this time. During all this, i have found out other part of fence in 6 in on my property. Can I get a survey and require this fence removed to his property (completely). Was there an easement created, due to time, and if yes, would it change since he tore it down? Thanks



Answer

Maybe. Maybe not. It depends on details we do not have, on what is recorded, and so on. You should have already retained a real estate litigator. Go back and see him. You need him.



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