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Emanate Domain??

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Fragile1756

Guest
New Hampshire

We have had an exsisting fence for the past 12 years. A neighbor who just bought the house next door, wants us to remove this fence. It is on his property, but since it has been up for 12 years I was told that emanate domain comes into play. And that we can not be forced to take our fence down. Is this true? How can I learn more about this?
 


I AM ALWAYS LIABLE

Senior Member
Fragile1756 said:
New Hampshire

We have had an exsisting fence for the past 12 years. A neighbor who just bought the house next door, wants us to remove this fence. It is on his property, but since it has been up for 12 years I was told that emanate domain comes into play. And that we can not be forced to take our fence down. Is this true? How can I learn more about this?

My response:

No. "Eminent Domain" are laws made for governmental entities; e.g., State, County, Town, etc. - - it is not a "right" for private citizens.

Your neighbor may have a cause of action for "Trespass to Land" and/or "Quiet Title to Land" - - assuming, of course, that you don't have a right to the land via "adverse possession."

See your local real property attorney for further details and advice.

IAAL
 

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