Neighbor Fence On My Land

[Pirate]

Well, I've been stewing on this for a while and decided to talk to the guy today. The fence is over about 7 or 8 feet at it's widest and then decreases down to the correct line about 200' later. He right away said something about TN law being that since his fence was in place for over 7 years it was his property now. I read up on this and I think in TN you have to have 7 years of color and 20 without. Regardless, he said I could pay to move his fence off of my land. He estimates over 1K to move this line over. I asked him about a land swap but he backed off that too. He wants it all. Still, nice enough guy and I get along with him but my guts tells me I shouldn't just roll over and give up this minor slice of land. The description for me is 11.02 acres. If I lose that slice it won't be 11.02 anymore.

I bought the house in 2005. The seller told me about the fence being over the line. I should have made them fix it then. I told them right now it wasn't a problem but I may want it moved later.

Comments? I guess I need to speak to a lawyer. I'm not sure whether to just let this go or lose a neighbor defending my rights.

 

[Egon]

I guess I need to speak to a lawyer

You may just have answered your own question.

 

[Cat_Driver]

Not a problem Tear it down since it's on your property.

 

[ultrarunner]

A business partner had a survey of his vacant lot and found the neighbors on one side encroached 20+ feet into his lot 1/2 acre lot with a board fence.

The neighbor, from day 1 were confrontational... they told my friend that nothing will be built on the lot as they had stopped previous owners from building.

My partner found out the family was going away to their son's graduation and organized a crew of a dozen men... in 2 hours, there wasn't a trace of the old fence and a new temporary cyclone fence was put in with no trespassing signs.

Neighbor was furious, called the police and eventually sued... the judge asked him why he built the fence on land he didn't owned and asked him to produce a survey showing my partner was in the wrong. His lawyer argued adverse possession, but wasn't able to produce and documentation that he had been paying the property taxes as required to perfect in CA. Neighbor also had to pay a portion of my partner's legal fees

Took about a year to get things settled and then the land was sold for a nice profit to the neighbor on the other side.

 

[LBrown59]

Not a problem Tear it down since it's on your property.

It must be his fence it's on his property.

 

[Pirate]

Good people still exist. The neighbor came over and told me he is going to move his fence, said it was the right thing to do and he acknowledged he should have gotten a good survey before fencing. I was right, he is a nice guy. I offered to help him do the job. Great and inexpensive ending.

 

[cisco]

Being of reasonably sound mind, I paid to have all my fence lines surveyed (bonded surveryor) before I placed such, and then I kept a foot inside my property lines. However, my neighbors had owned their property for years before I arrived and part of their driveway (dirt, rock - no cement) runs about 1.5 feet into my property line for about 30 feet, fortunately in a location where I didn't need to fence. Heck, they are just country folks who are good neighbors, and I have no reason to start a war. So, I just pointed out the survey lines (I didn't know their driveway overlapped my property any more than they did until the survey), and asked them to acknowledge that in writing - but with no demand on them to move their driveway. I have 7.5 acres and they about the same - it's not a matter of anyone being crowded. We have no idea when/if future owners will get into an argument, as neither one of us intends to move, but if that happens I have the notarized acknowledgment re. their driveway, with their offer to move it when requested (which I won't do, and they know it - everyone's happy, and my heirs are safe from legal hassles).

 

[J_J]

Pirate,

Did he install the fence? If he did, then he encroached on your land, and you should sue him for the illegal use of your land for how many years he has been doing that. If someone sold him the land with the fence installed where it is now, then the seller is liable for selling land that did not belong to him. In Texas, they hang horse thieves don't they, what do they do to land thieves. in Tenn. Stick it to him, but good.

 

[Pirate]

Cisco - I offered to lease it to him for 25cents a year. He didn't want to sign anything.

JJ - That's exactly what I'm trying to avoid - pissing off my neighbor.

 

[kenmac]

sounds like every thing turned out well for u