On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote in
Re
Neighbors fence on my property.:

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.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

Ralph didn't mention it, but I would guess that the lawyer got a court
order awarding the attorney fees and fence move costs. The lien is
recorded on the deed at the recorder's office. Generally, no bank
will lend on the property unless the lien is removed.

I guess technically, someone could buy the property for cash (no loan)
with the lien still attached, but then that new owner would then be
responsible for the lien (including the mounting interest).
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