If you have recently observed your neighbor building a fence on land you believe belongs to you, you are most likely pretty upset over the situation, as you are watching a portion of your land disappear to the other side of their structure. When dealing with a fence being built, you will want to work swiftly to have the problem alleviated to your benefit. Here are some steps to take so you regain your property.
Start By Inquiring
When you first notice the fence being built, go to your neighbor for to ask why they are placing a fence and how much of their land they intend to enclose inside. Start the conversation in a pleasing tone as if you are inquiring out of curiosity. You may find your neighbor is just setting materials on the border of their property and that the fence is actually being placed closer to their home than you had realized.
Your neighbor may be unaware that they are building on your land at all, so gently indicate that you believe some of the land near the fence belongs to you and you were hoping they could stop building until you could have a proper survey done of the property. Your neighbor will most likely adhere to your wishes if you offer to pay for the land survey.
Have A Survey Conducted
Follow through with your intentions to have a survey conducted. Your neighbor may have had a survey done themselves with inaccurate information listed on the paperwork. If this is the case, and your land surveyor gives you different information, you may need to bring both surveys into a court situation to find out who really owns the land in question.
If your neighbor did not have a survey done, and you find that you indeed own the land they intend to build upon, show them the paperwork proving the land belongs to you. They will most likely move the fence closer to their home when they see the accurate information.
See A Lawyer If Necessary
If your neighbor still will not stop their project after you have had a survey done proving the land belongs to you, you will first want to alert a police officer in your town so they can go to your neighbor's house to have them cease activity immediately. They will be told they will be able to start again should a judge rule the land is theirs.
You will need to see a real estate attorney to prove the land belongs to you so you can have the fence removed completely. This may take a month or two as you will need to wait for a court date, but in the interim, your neighbor will most likely be told to take the materials off of the land until the dispute is resolved.