Raleigh, NC asked in Real Estate Law for North Carolina

Q: My neighbor has a fence 15 ft inside the property line on my side. can i ask him to move the fence?

He has made a drain field (capital improvement (?)) in the area that would be on my property if the fence was moved. The fence has been in the wrong place for 15 years (at least).

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Unfortunately you have probably acquiesced to the ascertainable boundary line. You can sue for ejectment, boundary dispute, trespass, etc., but the defendant may prevail. You will need a surveyor as your witness.

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