My neighbor is building a fence next door to my property. They are trespassing on my property to build this fence.
3 attorney answers
There is likely very little you can do about the encounter with the sheriff, but this is also not really a criminal matter but instead a civil property dispute.
As to the fence and alleged trespass, you have rights to force the fence to be removed from your property if indeed you have evidence that it encroaches on your property. However, unless you can clearly establish the exact boundary lines and it is very clear that the fence is at least in part on your property, you will likely need a formal survey prepared by a registered land surveyor to definitively prove the encroachment.
The first step in these types of matters is often to have a real estate attorney send a letter to the neighbor demanding that he or she cease and desist from building the fence and that they remove any portion of the fence already constructed from your property. If the letter does not result in a resolution, then you would need to commence a court action against the neighbor for trespass and seek a court order forcing the fence off of your property.
If the fence does not significantly impact the use of your property, a possible "win-win" solution would to be sell your neighbor an easement (a legal term for permission to leave the fence on your property) allowing the fence to remain on your property in exchange for a payment. The easement agreement would be recorded against both properties, and could include a provision allowing you to require the fence to be removed in the future (or possibly that it must be moved if the neighbor sells his property unless you consent to allow it to stay). A real estate attorney could also negotiate and draft the easement agreement.
This is really a political issue. If you do not believe the Sheriff is doing his job, then you should support a candidate that runs against the Sheriff in the next election. If the neighbors are trespassing you can hire an attorney and sue them for any damage that the neighbors causes.
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You can file a restraining order in court.
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