Q: Have Neighbor that took out line fence on property without my knowledge, now claims 20ft of my property.
He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.
A:
You would have a claim against your neighbor for trespass and damages for removal of the fence if it was on your property. There may be additional damages for removal of trees.
The first step in these claims is usually to clearly identify the lot line through a survey that locates the original locations of the removed items. Based on the dispute of the lot line, it would be beneficial to be able to clearly identify the lot line and establish your rights.
Brian Zimmerman
Hurtado Zimmerman SC
1011 N Mayfair Road, Suite 204
414-727-6250
bzimmerman@hzattys.com
A: From my standpoint, the first question to ask is how long the fence that the neighbor removed was on the property line. The second step is to have a survey completed to determine the actual property lines. If the fence was maintained for more than 20 consecutive years, you may have a claim of ownership by adverse possession if the survey disclosed a line different than the fence location.
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