Q: A neighbor has built a fence on our property; what shall we do?
A: Legally, you could file a lawsuit seeking a Court Order requiring that the fence be removed from your property. Practically speaking. a lawsuit doesn't make for good neighbors. How big is the encroachment onto your property? Some people in your shoes don't really care about the encroachment, but they want to make sure it's established that it's still your property.You should talk to a real estate attorney in your area about the possibility of preparing an easement agreement between you and your neighbor. Another thing to think about is whether this situatiion will make it more difficult for you to find a buyer when you decide to sell. Perhaps the easement agreement can include a provision that the neighbor and any subsequent owner of your neighbor's property agrees to remove the fence on 60 days notice from you or any subsequebnt owner of your property. Any capable attorney can advise you as to other terms that should be included in the easement agreement.
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