Neighbor Majorly Encroaching My Lot - This Should Be Fun!

7 Replies

This is my primary residence.  My neighbor installed a fence about 10 years ago on what we thought was the lot line.  We tore our house down and built a new one 4 years ago, at which time we discovered his fence was well within our lot line.  The neighbor at that time said he would move the fence, but in 4 years it has not happened.  The timeline for the Adverse Possession law in Virginia is 15 years, so we really shouldn't have dragged our feet this long, but here we are.  Two weeks ago this same neighbor pulled up a ladder to the fence line at 8:30pm for 4 days in a row, leaned over the fence to first remove the branches from three trees on his side of the fence, and then completely cut off the top of three trees, leaving me with what looks like totem poles.  My husband tried to talk to them through this process, and they just kept insisting the fence and trees were on their lot.  This morning the surveyor showed up to replace the flags, clearly showing he is 6'+ over our line in places.  Funny thing is this neighbor just put in a garden, and whatever crop he planted in row one is on mine lot! 

 Tomorrow he will receive a 30 day demand letter to remove the 14" stumps he left, grind up the roots, and fill the holes, plus remove or move the fence.

Love Thy Neighbor - unless he tries to steal your land!

States have different laws on this.  My state of SC the person has to be open hostile tomtru owner and know they were using the true owners property.

In other states the person encroaching on another's property can do it unknowingly for the required amount of time and then claim ownership. 

Be sure to know your states laws and consult an attorney. 

Ahhhh, neighbors issues are the worst!  Had a similar issue at my last house, elderly lady didn't like the "mess" from the crepe myrtles so she hired someone to scalp them up the property line...  Good luck ! 

@Account Closed Haha. That would be hysterical. We have history though.   They hate me, and they have guns. Until they remove the fence I’d either have to climb over or trespass on their lot to get inside the gate. I’m going to stand my ground but try to not inflame them anymore than necessary. My demand letter was delivered yesterday giving them 30 days to cure. 

@John Underwood - Yep. As a real estate broker, I am familiar with our state law and reread it again this week as a refresher. This is pretty cut and dry. I don’t think it will require an attorney, even if we have to go to court. An attorney may get get us a bigger award, but really I just want he situation rectified. If necessary, I have no issue see,I guess legal council and have several attorneys at my disposal. 

@Patti Robertson I would point cameras on the property line. If the house is too far, consider the Blink battery operated ones or even hunting cameras that take freeze frames. If they decide to be nasty, you want proof. Looks like lake front property too, so even more valuable. I hope it turns out well for you.