• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Encroachment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Perrianne

Junior Member
What is the name of your state? Alabama
I have just had my property surveyed, which my parents deeded me in 1998. It shows that one of my neighbors, who has horses in a pen, has encroached 10-15 feet onto my property. I don't really know who is living there now. It is not the fault of the current owners of this property; 30-odd years ago, the original owners who lived there had horses and built the pen. I don't know if they and my parents were aware of the encroachment or even if it existed at that time. The people living there now are the third family to live on that property.

When I get the surveyor's report, I will be going to my neighbors to tell them they need to move their fence.

I hope this doesn't sound stupid, but would it be safe to take a witness along, in case the neighbors get an attitude? I will be pleasant in speaking with them, and if they get an attitude, will leave and get a lawyer to write them a letter.

Any advice will be appreciated. Thank you very much.
 


HomeGuru

Senior Member
Perrianne said:
What is the name of your state? Alabama
I have just had my property surveyed, which my parents deeded me in 1998. It shows that one of my neighbors, who has horses in a pen, has encroached 10-15 feet onto my property. I don't really know who is living there now. It is not the fault of the current owners of this property; 30-odd years ago, the original owners who lived there had horses and built the pen. I don't know if they and my parents were aware of the encroachment or even if it existed at that time. The people living there now are the third family to live on that property.

When I get the surveyor's report, I will be going to my neighbors to tell them they need to move their fence.

I hope this doesn't sound stupid, but would it be safe to take a witness along, in case the neighbors get an attitude? I will be pleasant in speaking with them, and if they get an attitude, will leave and get a lawyer to write them a letter.

Any advice will be appreciated. Thank you very much.
**A: if you feel better, a witness is not really needed though.
 

I AM ALWAYS LIABLE

Senior Member
My response:

It's always a good idea to speak civilly to one's neighbor. But, like you said, if they start getting nasty with you, don't just turn around. Whip out your sawed-off double-barreled shotgun from under your raincoat, and start blasting! All the while repeating, "That'll teach YOU to cop an attitude with me!"

IAAL
 

Perrianne

Junior Member
Thanks everyone, for your kind input. I do agree with speaking civilly to one's neighbors.

When I got home from work yesterday, the surveyors were there, finishing up. Please let me call the surveyor Mr. Jones. I asked Mr. Jones if he'd go with me to the neighbor's home, to show both of us where the fence encroaches on my land, so there would be no misunderstandings. He kindly agreed. When we pulled up in her yard, she and a man came out. She introduced him as "This is John Doe, a friend of my husband and me, HE'S ON THE POLICE FORCE." This is first time I've ever been over there, folks, and I get introduced to a cop. This man said not a word while we were there. Mr. Jones showed them where the fence needs to be moved. I asked her how soon could she move it, she said, and I quote: "I just had back surgery Wednesday, will have it moved soon as I can." But she was getting around pretty good for someone who just had back surgery, and gave no indication of any pain or discomfort.

Looks like I'll need to schedule an appointment with an attorney on this one.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top