New fence encroachment?

What is the name of your state? NC

Last spring we put up a privacy fence in our back yard (150'x75'), about 6-10 inches inside the actual boundry line. Now our next-door neighbors have put up an identical fence but have connected to the side of our fence (without consulting us) essentially incorporating our excess property on one side of our yard into theirs. Is this encroachment and if so, how is best to proceed?

MajorB said:

What is the name of your state? NC

Last spring we put up a privacy fence in our back yard (150'x75'), about 6-10 inches inside the actual boundry line. Now our next-door neighbors have put up an identical fence but have connected to the side of our fence (without consulting us) essentially incorporating our excess property on one side of our yard into theirs. Is this encroachment and if so, how is best to proceed?

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**A: how was the actual boundary line determined?

It was determined by the 'plat' (?) obtained from the city. The same company that built our fence built our neighbors as well. They are the ones who helped us obtain the boundary info.

MajorB said:

It was determined by the 'plat' (?) obtained from the city. The same company that built our fence built our neighbors as well. They are the ones who helped us obtain the boundary info.

Click to expand...

**A: the right way would have been to have a survey done by a licensed surveyor.

We have the same issue we put our fence up about 10 inches to a foot in our property our neighbor now wants to conect his fence to ours but he would have to come nearly a foot onto our property to do so. We have told him no but I am sure this won't be the last of it. I know where our property line is we located those metal rods that the surveyor put in (the house is only 5 monthes old so they were easy to find) Anyhow, I too would like to know what rights we have when it comes to this.

New fence encroachment

I'm not totally sure on this one. But I would think that if your neighbour wants to attach his fence to your fence that he would have to trespass onto your land to do that. So just tell him no, that he's to erect his own fence on his own land an not yours. It might look a little funny, but it'll keep him from trying to claim adverse possession of your land somewhere down the line.

New fence encroachment

Oopsy I just reread your post an seen that he has already attached his new fence to yours. Sorry brainfart there, lol. Well now I'd have to say that I would go an get yourself a lawyer an have him send the neighbour a demanding letter telling him he has like 30 days to remove his fence from your land an that if he doesn't do it within that time limit, or you'll do it yourself an demand payment for all your labour. It might not sound like the most neighbourly thing to do, but if you really want his fence moved to his property, I would take that route.