What are my rights if my neighbor is putting up a fence and her title company informed her that her land is 6 feet further into my yard than we all realized?

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What are my rights if my neighbor is putting up a fence and her title company informed her that her land is 6 feet further into my yard than we all realized?

I bought my home 13 years ago from my siblings after my father died. He bought it from the original owner, who also had owned the house next door. There was a chicken wire fence that had been overgrown with trees and shrubs which divided our properties. My current neighbor is now selling her home, so she took down the fence and shrubs and installed a new one. Her land is 6 feet further into my yard, which is 3 inches from my garage. Do I have any rights? The new fence not up yet.

Asked on July 3, 2015 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You obviously do not need to take what *her* title company tells you at face value--you can and should have the land resurveyed professionally to be sure of the boundaries. However, if she is right and her land does in fact extend into your yard, then that portion of your yard which is her land belongs to her and she can put up a fence on her land, subject only to any local building codes (e.g. any required set back from structures on a neighbor's property).


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