fence problem

[noworriesdee]

What is the name of your state?What is the name of your state?alabama

I just bought my house in october 2004 and our lots are half wooded and slanted. the person that I bought the house from just threw up a fence in a straight line, and not on the property line. the fence is on the inside of the line, not being able to see the property line for all the woods. my neighbor just put up a fence about a month ago and joined it to mine. since then, his lot is cleared and mine is partially cleared, so you can see the property line.
his fence crosses onto my property at the back of my lot tapering out to 3-4 feet. He placed his fence up to mine without asking me.
I have talked to him about the situation and he doesnt seem to be doing anything about it. I have my land survey dated 2002.
My questions are:
1. Is he obligated to remove the fence off of my property?
2. since he put his fence up to mine without asking and I want to take mine down to later change the fence style, do i have to replace my part of the fence soon or can I take my fence down and replace it whenever i want?(when i take my old fence down, it will leave a gap since he connected up to mine.)
3. what is my recourse if they refuse to move the fence?
4. what would happen if removed his fence and dug up the posts and layed them in his yard?(i dont really want to do this, to much extra labor and shouldnt have too,)

 

[atxcoolguy]

1. he's obligated to move his fence off your property.
2. you can take down and put up your fence whenever you want. even if their is a gap.
3. tear down whats on your property. it's your property, not his. he's at fault for putting his fence on your property.
4. nothing would happen, he might get pissed, but it is your property.

i'd just go to your neighbor in a peaceful way, and explain the entire situation. tell him your story about the previous owner and how he made a mistake. if you plan on living there for awhile it would be best to settle the matter and be peaceful with your neighbor. if you explain to him the situation and he doesn't want to cooperate, tear it down and use his posts to make your new fance.