do I have to replace fence?

[maggiemak]

What is the name of your state? Massachusetts.
18 years ago I built a privacy fence one to two feet inward from the surveyed property line(completely on my property and at my cost.) Now the fence is in slight need of repair but my side of the fence has shrubbery and trees concealing the fence, so I am inclined to do nothing. My neighbors are insisting I replace the fence and assume the total cost. I am tempted to take it down entirely. At some point they extended wire fencing running onto their property from the original wood fence I had constructed - so their property would look pretty silly without the wooden fence. They also removed the metal surveyor's marks. Can I just ignore them?

 

[ralph31]

TN [20 years for adverse possession, but maybe seven under certain circumstances]

I did the same thing about thirty five years ago. The then neighbor did nothing but cross my 1 1/2 feet with a gate to enclose their rear yard.
The next neighbor placed misc. materials onto the 80 X 1/2 feet strip immediately after moving in nineteen years ago. I asked them to remove the materials and they did so. They never constructively used the stripe excepting for planting bamboo.

About ten years ago new neighbor planted bamboo in the area, built a brick post onto my property in front of the area and crossed the 1 1/2 feet with another fence. Bamboo spread over my yard. I chopped it down in that area and applied round up when they refused to do more than take out the brick post which they did. Surveys on each property show it is my property. BIg fights, etc. They have conceeded in writing that it is my property according to surveys . . . . two years ago.

Now they "consider" [their words] it is now their property by adverse possession. Court records, tax documents, etc. show otherwise. They have called the police stating that I am trespassing, etc. They have offered to allow me to build a new fence and enclose this area into my rear yard. My attitude is to stiff their proposal since they continue to occupy portions of the area with worthless building material and replace it after I remove it. It's all a pain, but is it worth over a thousand for an unneeded fence, or more if I take it to the courts. My attorney tells me that it is my property and that I have every right to remove what is placed on the property, including the cross fencing.

I say all this to suggest to you that I would get those fences removed and not allow them any use of the land. Adverse possession is complicated. They
might be willing to sign a permissive use agreement if you allow them to leave their extended fence in place. Sounds to me like you just have a neighbor that wants a fence at your expense. . . . .as I do.