Our neighbor has his gate post encroaching 2 Feet into our property. Survey done and property line markers confirm that it is on our property. It was like this when we purchased property 2 years ago. An old fence that was encroaching into our property was removed by us recently and newer fence installed on property line.
Upon friendly requests, the neighbor refuses to remove his gate post. It is a sizable expense to cut, re-weld his gate and install new posts, which he wants us to pay for.
We tried to be friendly but to no good. We intend to send letter to him also thru our attorney demanding the encroachment be removed. Any other recourse or course of action to be taken take to get this encroachment removed?
@Ken Dayal Is it the gate post that is on your property or the other end of the gate? If it is the post, is there the option of moving the post and simply widening the opening on the other side? You wouldn't have to cut the gate, just move the post.
Otherwise just build a fence behind it on your side and it will still allow him to enter his yard and keep your backyard enclosed.
I recommend you consult your title company. IF the encroachment is clearly shown on the survey that was done at the time you purchased the property, there will likely be an exception to your title coverage that you agreed to at the time of purchase, and this line of action will not help you. BUT if the survey and title insurance policy did NOT show the encroachment at the time of purchase, and the encroachment was discovered AFTER the time of purchase, you MIGHT have an action against your title insurer. In essence, you would make a claim on your title policy, and then the title insurer would take over negotiating with the neighbor, paying the cost to relocate the post, etc. Good luck.