Legal Question in Real Estate Law in Virginia
Neighbor removes my fence....
We live in a community where everyone has 6' fences around their backyards. According to a survey done of the property we live at, there should be a chain link fence 6" inside our property line that we share with the neighbor directly behind us and then a 6' wood fence 12" inside property line. The neighbor must have thought that the chainlink fence was theirs and took it down. In its place on their side they put up 6' fence panels on our posts. I want to replace our fence....their panels are on my fence. Help!
1 Answer from Attorneys
Re: Neighbor removes my fence....
They probably believe that fence was on their property. And it may be - your survey may not be accurate, or they (or their predecessor in title) may have put it up long enough ago that they now own the land inside the fence on their side through adverse possession. If not, you should ask them to take it down, or to confirm that it is on your property.