How Do I Get a Neighbor's Encroaching Fence Removed?
Full Question:
Answer:
Theoretically you might demand to have it removed/changed or bargain for easement rights. It may be possible to alert the neighbor to the encroachment with a notice or enter into an agreement for an easement. It may be possible for you to negotiate an easement with your neighbor in order to place the fence in the current location. It is also possible to bring a court action to quiet title to have the court resolve the boundary dispute.
If you have a homeowner's association, it is possible that the fence violates a restrictive covenant. It is also possible that you might be able to bring an action for private nuisance and ask for injunctive relief if the fence is deemed an encroachment. You may petion the court to order the encroachment removed in a quiet title action. Please see form US-01637BG below.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
