On Sun, 06 Oct 2013 12:13:19 -0400, ralph wrote:

On 10/01/2013 03:42 PM, wrote:
Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor.
The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part,
the lawyer gave the neighbor a second six month period and notified him
that at the end of the second six months the fence would be
moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my money, plus interest.

Perhaps you do. Or perhaps your lien will expire. For example, In
AZ A mechanic’s lien is automatically extinguished unless a lawsuit
is filed to foreclose the mechanic’s lien within six months after the
recording of the mechanic’s lien.

Have you filed a lawsuit?