If I have a neighbor who has placed something on my property and have asked him to remove it but he refuses, can I get into trouble if I have it removed?

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If I have a neighbor who has placed something on my property and have asked him to remove it but he refuses, can I get into trouble if I have it removed?

I have had my property surveyed,

Asked on June 28, 2014 under Real Estate Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is a fence or a shed or something like that?  It may be what the law terms an "encroachment" and how long it has been there may be an issue.  If your neighbor is not agreeable to moving it you need to bring an action to "quiet title" and the one for "ejectment." You should not just remove it.  Please speak with a lawyer in your area and ask about adverse possession, which is what your neighbor may claim, as well.  Good luck.  


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