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I think my neighbor’s fence is on my land. What can I do?

On Behalf of | Jun 26, 2024 | Real Estate Law

Property disputes can be a common and frustrating issue among homeowners. One such common dispute occurs when a neighbor’s fence encroaches on your property. This blog post will help you navigate the steps to resolve a boundary dispute in Woodstock, Connecticut.

Understanding property lines

First, you need to know what you actually own. Property lines define where your property legally ends. This is determined through a survey, which locates the boundaries based on the legal description in your deed.

Identifying the issue

Once you have a clear understanding of your property lines, compare them to the location of your neighbor’s fence to determine if there is an encroachment. If you find the fence is encroaching on your property, communicate with your neighbor. They might be unaware of the boundary and could be willing to move the fence.

Open and respectful communication is often the best way to resolve such issues amicably. You may not be able to work it out, especially if the fence has been there for a long time.

Legal actions

In Connecticut, we have a person that you can appeal to for enforcement of fence laws. Here, they are known as the “selectmen” and can verify whether your neighbor’s fence encroaches on your property. If they agree that the fence should be moved, they will issue a written notice to your neighbor.

If your neighbor refuses to move the fence, or if you are not satisfied with the selectmen, you may need to consider legal action. Two common types of lawsuits in boundary disputes are trespass lawsuits and declaratory judgment lawsuits. If legal actions seem too confrontational or costly, consider alternative dispute resolution options like mediation and arbitration.

Conclusion

Resolving a boundary dispute can be complex and requires a clear understanding of your property lines, effective communication with your neighbor and potential legal action. However, with patience and the right approach, it is possible to resolve these disputes and maintain good relations with your neighbors.