New Bern, NC asked in Real Estate Law for North Carolina

Q: We purchased our home in NC in 1996. At the time of purchase, the entire backyard was fenced in with a 6 ft stockade

A new neighbor moved in 3 weeks ago. He claims that the fence is encroaching on his property by 1.3' and would like us to remove it. We have lived here since 1996 and the fence was in place by the previous owners. In that time, 3 different people lived there over the course of 25 years and the fence was never an issue. When looking at our survey on the east side, it shows a veering off of 30 ft by 1.3' into the new neighbors yard. The remainder of the fence is right dead on the property line. We have maintained that fence for 25 years, replacing rotted boards, powerwashing, cleaning and applying sealant. Now the new guy buys the house and wants us to take the entire east side of the fence down. We refused as it has been there for over 30 years and we have maintained it. Can he take down our fence? Is there anything we can do about it. All this over a foot of property.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: You would have to file an action for adverse possession, you would likely succeed given the facts that you stated. I recommend finding a local lawyer to assist you in this as it is a complicated matter.

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