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Question

My son has lived in a subdivision for 4 years.


Sent to Real Estate Law Experts May 13 9:54 p.m.

My son has lived in a subdivision for 4 years. He recently had a survey done of his lot. He found out his neighbor''s fence is about 15 ft in his property. He showed the survey to the neighbor and asked if the fence could be moved to the correct property line. The neighbor has refused and claims the land is his, but will not provide any documentation as to why the land is his. He refused to move the fence. What can we do?
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
May 14 10:25 a.m. (12 hours and 31 minutes later)
ACCEPTED Check Mark

Your son will need to sue the neighbor in small claims court to compel the courts to have him move the fence or give your son the money so he can move the fence. He needs to file a copy of the survey (Showing the fence over his line), pictures of the fence, and three estimates to have the fence moved. His monetary damages for the suit are the average cost to move the fence plus court costs. Your neighbor has given your son no other choice and he should follow through with this so he does not have any problems should he want to sell the house, or should someone else move in where the neighbor is. Now that he knows the fence is in the wrong place it is his responsibility to take action to have it legally moved (which is suing the neighbor).

Good luck. If you have any other related questions please let me know. If you found this answer helpful please accept so I can continue to help others like you in the future. Thank you.

PictureBill F.  -- Paralegal -- 100% Positive Feedback on 346 Real Estate Law Accepts
Over 15 years of business, real estate and legal practice experience and education.

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