neighbor fence on my land

[brian mcdonald]

What is the name of your state? New York resident. Two years ago a neighbor in the rear erected a fence. New surveys by myself and neighbors on each side of me show that 35 feet of this fence is on my property. The encroachment is two feet at one end increasing to 8 feet at the other end. He has annexed an even greater amount of a second neighbors land. This neighbor has sent him a certified letter after orally informing him he wished the fence removed. This letter has been returned with acceptance and signature refused. Am I within my rights to remove this fence on my land if he refuses a certified letter from myself? Can I demand restoration of my foliage and the trees he removed in erecting this fence? It is my intention to tell him that he has 4 weeks to comply at which point I will begin removal. My certified letter will also be followed by a registered letter which does not need to be signed for. Any advice and suggestions would be appreciated.

 

[JETX]

Send him the certified letter, and one be 'regular' mail at the same time.
Then, if the certified comes back unclaimed and if you are absolutely POSITIVE that the fence is on your property, go ahead and remove the fence.
If he refuses to reimburse you for your expense of removal, file a small claims suit to recover your costs.

 

[HomeGuru]

Also include a copy of your current survey.