Can I take someone to court to remove a fence if it was previously so ordered by a judge?

UPDATED: Aug 7, 2012

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Can I take someone to court to remove a fence if it was previously so ordered by a judge?

I purchased a home 6 years ago. The original owner of the home was sued by the neighbor the prior year over a fence he had put up on the property line. The neighbor claimed that she had been using the space between both homes as a driveway and with the fence she was now unable to. She also used a law that states if the owner of the home does not live in the home the property is in fact hers. Then 5 years ago, a judge ordered iagainst the previous owner of the home, to move the fence where the neighbor would be able to use the driveway and the property is no hers. What can I do?

Asked on August 7, 2012 under Real Estate Law, New York


Mark Siegel / Law Office of Mark A. Siegel

Answered 10 years ago | Contributor

Based upon your brief description, this matter may involve adverse possession and/or encroachment issues.

You indicated that a prior judgment was entered by the Court. In order to properly determine the respective rights & obligations of the neighboring property owners, you should obtain a copy of the judgment & copies of any related court papers, & have them reviewed by an attorney who practices in this area of law. Good luck!     

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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