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Reply to ""Illegal" fence - what are the consequences?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Our neighbor did this and the fence is about 8' into our property. It happened before we moved in and we figured it out shortly after. We could make them take it down but are considering options. It could be an issue when we sell. [/quote] In that case I would assume it is considered your fence. [/quote] If you don't give them notice they are encroaching and explicitly allowing it to stay you are setting it up for their getting 8 feet of your land by adverse possession. It varies by state but here's some info https://www.hsclaw.com/how-a-misplaced-fence-can-lead-to-an-adverse-possession-lawsuit-in-maryland/ https://www.ashwell.law/blog/adverse-possession-virginia-guide/#:~:text=The%20criteria%20for%20adverse%20possession,assistance%20to%20substantiate%20the%20claim.[/quote]
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