Legal Question in Real Estate Law in New Hampshire

Re: neighbor moving fence onto my property

The first question is whether you are sure of your property lines. Have you had your property lines surveyed? If you tear down the fence, and it later turns out that it was on the neighbor's property, you will owe your neighbor a fence. Otherwise, if this can be done without disturbing the peace, you could. An alternative would be to have an attorney write the neighbor a letter, advising the neighbor that he or she is trespassing on your land, and then proceed from there.

This assumes that there has not been previous action concerning this matter. There are, in addition, town fence viewers, but I'm not sure they really apply in the residential situation.

Please feel free to contact my office if you need additional counsel.

Re: neighbor moving fence onto my property

Unless there are firm boundary markers I would suggest that a formal survey would resolve the conflict and then give the neighbor a chance to remove the fence or relocate the fence. Often boundaries are confusing when looking at plans and you really have to work from a set bound or pin with technical instruments to make sure that it is, in fact, your land.