Neighbor with a fence on our property

[af66]

What is the name of your state (only U.S. law)?

​

NY

We have developed a problem with our property we own in Florida. When we purchased it 4 years ago, we had it surveyed and survey markers were clearly posted on all 4 corners of the property. in addition, I spray painted rebar and cemented them into the ground next to the markers as an additional marker.
2 years ago, the land next to us was sold and the woman that bought it erected a wire fence around the perimeter of her property. Problem is, on the part of her property that borders ours, the fence encroaches onto our property by about 6 inches. Not much, I agree, but the property goes back 330 feet, so factoring in the length of the run of fence on this border, it does amount to a bit that she's taken over. In addition, one corner post is staked right next to the property marker and rebar on our property, so there is no way they missed it when they were driving the corner post in the ground.
I wrote her a certified letter one year ago explaining the situation and nicely asking her to please move the fence back to her property or we would take additional action. She received and signed for the letter but never moved the fence. We went to the local code enforcement agency and were told that it is a civil matter and out of their hands.
We have our survey on our side, and receipts of the letter that she signed for but never responded to. I am wondering if I am within my rights to remove that part of the fence that encroaches onto my property without fear of legal action on her end. I plan to write one more letter with a final date of action for her to do something, then tell her that if it is not moved, I will take action to remedy the situation. Does anyone have any guidance or advice as to a course of action? I was also wondering if we had to take her to small claims court, since I live in NY, am I within my rights to also sue for travel costs from NY (our home state) to Florida and back to attend the court hearing?
Thanks in advance!What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)?

​

NY

We have developed a problem with our property we own in Florida. When we purchased it 4 years ago, we had it surveyed and survey markers were clearly posted on all 4 corners of the property. in addition, I spray painted rebar and cemented them into the ground next to the markers as an additional marker.
2 years ago, the land next to us was sold and the woman that bought it erected a wire fence around the perimeter of her property. Problem is, on the part of her property that borders ours, the fence encroaches onto our property by about 6 inches. Not much, I agree, but the property goes back 330 feet, so factoring in the length of the run of fence on this border, it does amount to a bit that she's taken over. In addition, one corner post is staked right next to the property marker and rebar on our property, so there is no way they missed it when they were driving the corner post in the ground.
I wrote her a certified letter one year ago explaining the situation and nicely asking her to please move the fence back to her property or we would take additional action. She received and signed for the letter but never moved the fence. We went to the local code enforcement agency and were told that it is a civil matter and out of their hands.
We have our survey on our side, and receipts of the letter that she signed for but never responded to. I am wondering if I am within my rights to remove that part of the fence that encroaches onto my property without fear of legal action on her end. I plan to write one more letter with a final date of action for her to do something, then tell her that if it is not moved, I will take action to remedy the situation. Does anyone have any guidance or advice as to a course of action?



**A: you were already advised that this is a civil matter so you need to go to civil court.



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I was also wondering if we had to take her to small claims court, since I live in NY, am I within my rights to also sue for travel costs from NY (our home state) to Florida and back to attend the court hearing?
Thanks in advance!What is the name of your state (only U.S. law)?

**A: you can ask but chances are you will not be awarded travel costs.

 

[drewguy]

If you are fully confident the fence is on your property you are within your rights to remove it.

However, if she decides to sue, she may do so, and a new survey may show you were wrong. If so, you will have to replace the fence or compensate her.

 

[maggieco2008]

reply to af66

af66, one solution to your problem might be simply to give your neighbor permission to use those six inches of land. As you said, the six inches of encroachment is small. I realize that your neighbor's action was wrong (assuming your property survey was correct), and strictly speaking, you have the right to attempt to force your neighbor to remove the fence. However, this could be very time-consuming and expensive. If there isn't a practical consequence to you, you might consider leaving your neighbor's fence in place and giving permission to prevent any possible future claim of adverse possession.

Despite the reply from DrewGuy, I'm not convinced that you have a legal right to remove the fence even if it's clearly on your land (i.e., your survey was correct). On the other hand, if you remove it, what is your neighbor going to do?

Drewguy, your reply to af66 sounds very confident and I'm wondering if you can elaborate on why you believe he has the right to remove a fence that has been erected on his property. I have a similar problem: My neighbor has constructed a short fence up against my house and the fence prevents me from accessing that part of my house to maintain/paint it. I clearly own the 3 feet of property next to my house based on the plat, and the new fence is well within the 3 feet that belong to me.

 

[HomeGuru]

HomeGuru, one solution to your problem might be simply to give your neighbor permission to use those six inches of land. As you said, the six inches of encroachment is small. I realize that your neighbor's action was wrong (assuming your property survey was correct), and strictly speaking, you have the right to attempt to force your neighbor to remove the fence. However, this could be very time-consuming and expensive. If there isn't a practical consequence to you, you might consider leaving your neighbor's fence in place and giving permission to prevent any possible future claim of adverse possession.

Despite the reply from DrewGuy, I'm not convinced that you have a legal right to remove the fence even if it's clearly on your land (i.e., your survey was correct). On the other hand, if you remove it, what is your neighbor going to do?

Drewguy, your reply to HomeGuru sounds very confident and I'm wondering if you can elaborate on why you believe HG has the right to remove a fence that has been erected on his property. I have a similar problem: My neighbor has constructed a short fence up against my house and the fence prevents me from accessing that part of my house to maintain/paint it. I clearly own the 3 feet of property next to my house based on the plat, and the new fence is well within the 3 feet that belong to me.

**A: I believe you are confusing me with the OP. In fact I know such to be the case as fact.