how to move an illegal fence?

how to move an illegal fence?

Postby pandora54 » Sat Apr 02, 2005 1:32 pm

We are in the process of buying a strip of land which includes the track that has been our right of way to our grazing land for 19 years. We are buying this strip of land from Mr. A who is the registered title holder. Mr. B who lives in the house adjacent to our grazing land has tried to claim adverse possesion of a parcel of land that includes this strip of land. Five years ago he erected some post and rail fencing and gates and planted some trees which will all be in our way of landscaping the entrance when we complete our purchase. Mr. A who is selling us the strip of land is stating in his contract that we will be responsible for dealing with any claims Mr. B has made on the land. As I understand it Mr. B has no claim for adverse possesion as we have been using this right of way to our grazing for 19 years (ie he has never had sole use of it), however we are left in the dilemma of how we get him to remove his post and rail fencing, gate (never shut or locked) and several trees that are in the way of us widening the track. Do I understand it correctly that we are unable to remove them ourselves even though they are totally illegal in their placement and causing trespass??
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Postby despair » Sat Apr 02, 2005 3:32 pm

As I understand it needs 12 years of uncontested use to claim adverse possesion

Since the fencing and the trees are illegal i would have thought you could exercise your rights to abate the nuiscance and trespass and simply remove them and return them to the planter taking care not to damage the things in the meanwhile

But sounds like you need to get proper legal opinion on the matter before you proceed furthur
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