On Sat, 6 Jul 2013 03:55:33 -0700 (PDT), "
wrote:





And finally, here's an example of what one state, Oregon has to say on the matter, in an answer from a lawyer given to someone asking the question
of what to do about a fence a neigbor built on their property:

http://www.avvo.com/legal-answers/ne...-c-101517.html

Under ORS 90.060:

(1) When any person has built or builds, by mistake and in good faith, a fence on the land of another, such person or the successor in interest of the person may, within one year from the time of discovering the mistake, go upon the land of the other person and remove the fence, doing no unnecessary damage thereby.

(2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.

So, assuming your neighbor made a "mistake" in "good faith" you would need to notify the neighbor of the mistake, demand they remove the fence, and then wait a year before removing it yourself.


Note that in the issue that was being responded to the error was a
full foot, not 1.5". Also note that for the issue cited the fence was
built ENTIRELY on the wrong property. So the facts of that case are
NOT the facts of the OPs case. The OPs case has the fence a mere 1.5"
off and it is NOT entirely on the wrong property. Should the OP rely
on the material you cited and remove the fence he might well find
himself in court and later paying to have the fence put back up.

Also note in the material you cited that it takes ONLY one year for
the person who built the fence in the wrong spot to gain the legal
right to have it there. A perfect example of adverse possession and
much sooner then the 20 years you keep talking about.

Stick with me and you may actually learn something.