Legal Question in Real Estate Law in Utah

Boundry Fences

Our neighbors have built a wood fence on two sides of our comercial property.The fence was built 1.5 years ago. They did not have a survey done. We had the property professionally surveyed and found that the fence is all on our property from 2-5 feet in places. The survey stakes are highly visible. We sent a written notice six months ago to the neighbors asking them to move the fence. They also fenced in several trees that are on our property and that are on the property line. As to this date they have refused to move the fence. Who should be responsible to remove the trees and what is our next move?


Asked on 6/02/06, 1:59 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Boundry Fences

You may want to file suit to compel the removal of the fence and for a determination of what to do with the trees; or you can remove the fence yourself. If the latter, give the neighbors written notice and a reasonable amount of time to remove the fence, and if they do not, then you may. You can then sue them for the cost of the removal, if you wish. Trees on a fence line are always a problem, because they technically belong to both of you. That is a question for a judge if you cannot agree with your neighbors.

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Answered on 6/02/06, 3:22 pm


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