Who has to move the fence in a boundary dispute?

Asked over 2 years ago - Seattle, WA

I bought a house in King County, WA as a bank owned property. I was informed that the driveway and the hedge encroach the boundary of the adjacent empty lot of land. I am trying to settle the dispute amicably. If we cannot agree, who is responsible for moving the fence? Do I have to remove the hedge and part of the driveway? Does the land owner have to move these structures himself to reclaim his boundary? Please help. Thanks.

Attorney answers (3)

  1. Robert Emmett West JR

    Contributor Level 9


    Lawyers agree

    Answered . If the driveway, fence and hedge have been in place for more than 10 years you may have acquired legal ownership of the encroachment area by adverse possession. However, this conclusion depends on several factors which you will need to discuss with your attorney. If you are not interested in retaining ownership of the.area in issue then you can either ignore the situation and allow the adjoining owner remove the fence and hedge or you can relocate both. If the adjoining owner removes any of the encroaching improvements, i.e. driveway, hedge, fence, there is no legal duty to relocate and restore any of the improvements. Generally, the expenses associated with relocating or removing such items is that of the party taking the action. There are several options available for resolving the matter, including the grant of appropriate easements, but you will need an attorney's assistance. Good luck.

    West Law Offices, PS provides the information on this Web site for informational purposes only. The use of this... more
  2. Scott Kemble Wilson

    Contributor Level 12


    Lawyer agrees

    Answered . Don't do anything until you see a survey drawing with the property line and the driveway and the hedge located.

  3. Shawn B Alexander


    Contributor Level 20

    Answered . I agree with Mr. West , if you are going to allow the property to go back to the neighbor, the neighbor should be responsible for all costs including any paperwork. However I would not take advice on the line location from the neighbor.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more

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