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If it s been less than 10 years then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. Both he and i knew the fence was on his property when i bought the property.
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Along with this it s wise to agree on some nominal annual rent a dollar is quite acceptable your neighbor will pay you for the right to use the property from the encroaching fence line back to the legal boundary between the properties. You could offer to sell them the land or suggest the fence can remain temporarily provided that when it needs replacing it is erected on the original boundary. Fence was there before i bought the house we had two trees on the property line and he elected to chop them down wi.
If the fence is on his property or even encroaching on yours he can remove it.
You don t have any right or obligation to rebuild the fence on his property. You are jointly responsible for the upkeep of the fence. An attorney can advise you of what legal action to take and if the matter ends up going to court rest assured that if you have proof that the fence in question is on your property there s a. You don t have any right or obligation to rebuild the fence on his property.
