Fence Over Property Line

[gogo589]

What is the name of your state (only U.S. law)? Minnesota. I was just informed that my fence is 2 feet over the property line on the back corner of my property. My neighbor on the side of my house is just furious about this and is threatening legal action.

Not that it matters, but my neighbors are both in their 70's and have nothing better to to but complain about everyone. My fence has been up for about 7 years, and my neighbors bought their home 5 years ago. They knew the fence was up and are now claiming they can't sell their home because of this 2 feet on the back corner of the property.

My neighbors put up a fence around the rest of their property and their fence buts up to or "connects" to mine. Both of us have done extensive landscaping around the fence line, but it was just this past summer that they started to complain. I guess they didn't like all the new trees and bushes I was putting in.

I'm wondering what I should expect, and where can I go to do research on the laws and statutes? I've been nothing but nice to my neighbors, and it seems they just want something to complain about. My position is that they bought their property knowing my fence was there. It didn't become a problem till I started landscaping this past summer. What can I do?

 

[swalsh411]

Who told you the fence is over the property line? Have you verified this yourself?

 

[gogo589]

My neighbors had a surveyor come out and he was the one that told me. He said he would be glad to give me a copy of the report. I have to call him this week to get a copy.

 

[Rexlan]

Be sure to get a copy of this registered survey ... not his report, whatever that is.

The statute may be 15 years for adverse possession ... check that out on Google.

Any encroachment is a problem. However, I would offer the neighbor some money to settle it by buying an easement for the fence. This will not require a survey or deed and it is a simple document. You will need to decide what you are willing to pay, but I'd suggest it needs to be at least 1/2 of the cost to move the fence plus fix any damage.

If they will not do this I would offer to have it settled in court and tell them they can file a complaint. Being it is a civil matter each party will incur their own legal costs which can be substantial ... $5-15,000 for each party. Be sure they are aware of that and aware that all they will likely recover is their provable damages, not speculation, and you will probably be required to move the fence. You could just let them run the bill up for themselves and handle you side pro se, willing to loose the issue. I do not think it is worth fighting with good money.

Also keep in mind that your opinion is not important and what you think is fair is not important. After all, it is their land and if you take a hard line Obama approach that it was there before they were you may regret it.

If it is their property then you are clearly in the wrong and I would work on finding a simple resolution that makes them happy, that is affordable, and protects you from future claims.