What do I need to do to get neighbor t move his fence off of my property?

UPDATED: Oct 1, 2022

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What do I need to do to get neighbor t move his fence off of my property?

I have talked to the neighbor and he agreed to move his fence 2 years ago, after a year passing he said he was still planning to move it. Now another year has passed and he has still yet to do so. I have had my land surveyed and have paperwork showing him over my property a good 8 feet.

Asked on January 26, 2018 under Real Estate Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would have to sue him: you would bring a lawsuit in county court seeking a "declaratory judgment" (or court determination) confirming the boundaries of your land and a court order requiring that the fence be moved at his expense (and that he fill in any holes or repair any landscaping damage done or left in the process). Only a court order could force him to move the fence if he won't do so voluntarily. This type of lawsuit is significantly more procedurally complex that bringing, say, a small claims case against someone for a fender bender or unpaid bill; you are advised to retain an attorney to help you.

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 AttorneyPages.com 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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