How to stop my neighbor from building on my property?

Question

I bought my house in Dec of last year. The guy that I bought it for explained to my that my property line is 15ft past my fence. There was what looked to be a temporary fence between my fence and my neighbors fence, that the seller told me was put up with his permission, and that the neighbor understood that the land was his. This 15 ft piece of land was not fenced in with the rest of the yard, because it was used as a road up to the hill behind my house. Yesterday evening, my neighbor had a guy at his house digging post on this land. When we asked him what he was doing, he said that he was putting up a fence and that, that land belonged to a third party and he had permission to build on it. It was already dark out, so first thing this morning, my husband pulled out the deed and measured the property. There is a marker at the point that the deed calls for which DOES include the 15ft of disputed land. My questions is do we call the police, or wait to talk to a lawyer first thing in the morning? I live in KY.

Answer 1

well you should talk with a lawayer and your neighbor.... but most of the time when you fence off a lot that fence become line

Answer 2

Talk to your lawyer. You can get the court to give you a temporary injuction which will prevent your neighbors from doing anything until the court settles the dispute.  

Answer 3

Heck, tear down the fence, let him sue you.

Alternatley, sue him and for using your property.

Of course, having a surveyor to back up your rights is necessary.

Answer 4

You do need to call the police, they should be able to tell you who you need to contact about this moron.  Tell your neighbor you're going to get a lawyer involved in this, and get your property lines marked.  If this moron keeps up, take him to court.

Answer 5

Before you go and contact a lawyer, and maybe throw your money away, you need to call a surveying company and get them out there as soon as possible.  They're the only ones who can determine who's property it is.  If it does turn out that he is on your property, you can approach him with the land survey showing him he is on your property, and ask him to take it down.  I would also do this before contacting a lawyer.  If he refuses to remove it, go and talk with a building inspector or zoning commissioner in your town.  They can make him take it down....and you won't even have to go to a lawyer.  Good luck!

Answer 6

Tell the guy to stop.  Show him the recent survey that you most likely had done when you bought the house.   Also show him the other documentation that you have.  Then when that is settled.....build the fence back to the property line and be done with it.  

Answer 7

the road way was probably that of the next door neighbor. it was shared by he and the former owner of your house. you need to get a surveyor to survey your property before you can do anything.

Answer 8

It is not a police matter.  If you want to talk to a lawyer, that is the better course.  Keep in mind that if you are right you will end up owning whatever improvements are made.   BTW, neither the oral description of the land from the seller, nor your view of the marker, are necessarily correct.  You will need a surveryor.