Other than moving the fence, what are my options to resolve a fence encroachment on my neighbors property?

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Other than moving the fence, what are my options to resolve a fence encroachment on my neighbors property?

My HOA recently surveyed all the homes in my adddition and it was found that my fence and some landscaping is indeed on my neighbor’s property. My neighbor and I are not at odds and she actually believed that the survey was wrong, but it has been double-checked. The fence has been up for about 2 years. My questions are: 1) Does my HOA really have any say? Shouldn’t this be between my neighbor and me? 2) What are my options – can I buy the little strip of land from my neighbor? 3) I have attempted to contact the fence builder, but I fear he may have gone out of business.

Asked on September 4, 2010 under Real Estate Law, Missouri

Answers:

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

Answered 11 years ago | Contributor

You should really consult with an attorney in your area when there is a HOA involved (and rules and rules and rules).  Generally I think that your idea to purchase the strip of land from her if you and she can agree to it is fine.  If you pay dues, however, based upon your ownership then that issue will need to be addressed and the deeds should be redone and recorded to reflect the new boundaries for future sales and to make sure that there are no future disputes.  You will probably have to get the approval of the HOA as well so that is an obstacle to overcome.  But they can not unreasonably withhold the request.  And if they try to, then you have the option to take them to court.  Good luck.


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