If my neighbor had his property surveyed andhis fence is on my property, what can I do?

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If my neighbor had his property surveyed andhis fence is on my property, what can I do?

These are both vacant lots and mine is for sale. I offered to have him remove the fence, purchase the land he’s on, purchase the lot, or I would purchase his lot. No response. What is my next step and in what court should I file?

Asked on December 27, 2011 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can seek a court order forcing him to remove the fence (and once you sue him, it's possible may be willing to consider one of the other alternatives). You would bring a lawsuit in your county court, since you are looking for an equitable remedy (a court order, or injunction), and municipal and small claims courts cannot grant those. You would need surveys, title, etc. as evidence.


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