Property Q&A in Huntsville>Question Details

11lynne11, Home Owner in Huntsville, AL

I purchased a home,HSV City & 3 acres wooded area, fence has been cut on wooded area and another residence has a dog pen on my land - what can I do?

Asked by 11lynne11, Huntsville, AL Thu Jul 18, 2013

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I would go with the friendly new neighbor approach first. What's the old saying you get more with sugar? If that doesn't work I would then send a certified letter with return receipt making your request in writing with a copy of your survey. I may end the letter with, it would be with great regret if I am forced to seek legal counsel. It would also be advisable to keep track of any communication including dates and times ad possibly photos. These things can get ugly so be prepared! That's my opinion and everyone has one:)

Also, if you have any family, friends or coworkers needing a REALTOR please think of me! I can even help people not in our immediate area!!!
1 vote Thank Flag Link Thu Jul 18, 2013
Thanks Jennie :-)
and I will keep your name handy ...for now, my family and friends are all Furloughed Gov employees...
I do appreciate your input and I agree with your advice!
Flag Thu Jul 18, 2013
Sometimes people don't realize they've encroached on your property. I'd take the friendly approach and knock on their door and ask if they realize the dog pen is on your property and give them a set amount of time to remove it. If they don't do it or are not willing to, then send a registered certified letter asking them to remove the dog pen off your land stating that you will seek legal council if necessary.

Hopefully, they just didn't realize it and will move it with no problems to you.
1 vote Thank Flag Link Thu Jul 18, 2013
Thanks Debra,
I would like to think that they did not realize that the trees that they cut and the fence that they cut and used as part of their pen were another persons property.
I have a bad feeling that they know what they have done, since they did cut my fence in two places in order to remove it and use it for their pen.
I will try the knock on the door approach first.
Thanks for responding!
Lynne
Flag Fri Jul 19, 2013
I would suggest you produce a survey plat of your property. I would even suggest a call to an attorney to seek legal counsel. I hope it all works out well.
1 vote Thank Flag Link Thu Jul 18, 2013
As the other agents have said below. Most of the time these things happen simply due to lack of knowledge of the property line. The other residence probably doesn't know they are on your land. Do them a favor and request that they move it onto their land and show them your property boundary. If that doesn't work you should start to seek legal council.
1 vote Thank Flag Link Thu Jul 18, 2013
I would show them a copy of your survey and ask them to please move it onto their property. If they decline then you may have to pursue legal action. I have several attorneys that I work with should you have to take it to that level. Good luck to you!
1 vote Thank Flag Link Thu Jul 18, 2013
Do you have a survey , map or boundary pins indicating your property lines?
1 vote Thank Flag Link Thu Jul 18, 2013
didn't mean for that to post twice
Flag Thu Jul 18, 2013
yes, I have the property map, and I recently had the property surveyed, just to make certain-
I wasn't sure if there was a better approach than not-
they actually cut down the trees that my original property fence was attached to, used the trees and the fence itself as part of their dog pen. They also made the pen electric.
Of course, being an animal lover, I feel terribly sad for the dogs - they are not "outside" type dogs, in my opinion- which I realize is not the issue here.
So you think I should try the knock on the door approach? Or send a friendly "Hi , I am your new neighbor ...and I was wanting to re-fence my property...Please remove the dog pen?"

Thanks to you all for responding!
Lynne
Flag Thu Jul 18, 2013
yes, I have the property map, and I recently had the property surveyed, just to make certain-
I wasn't sure if there was a better approach than not-
they actually cut down the trees that my original property fence was attached to, used the trees and the fence itself as part of their dog pen. They also made the pen electric.
Of course, being an animal lover, I feel terribly sad for the dogs - they are not "outside" type dogs, in my opinion- which I realize is not the issue here.
So you think I should try the knock on the door approach? Or send a friendly "Hi , I am your new neighbor ...and I was wanting to re-fence my property...Please remove the dog pen?"

Thanks to you all for responding!
Lynne
Flag Thu Jul 18, 2013
yes, I have the property map, and I recently had the property surveyed, just to make certain-
I wasn't sure if there was a better approach than not-
they actually cut down the trees that my original property fence was attached to, used the trees and the fence itself as part of their dog pen. They also made the pen electric.
Of course, being an animal lover, I feel terribly sad for the dogs - they are not "outside" type dogs, in my opinion- which I realize is not the issue here.
So you think I should try the knock on the door approach? Or send a friendly "Hi , I am your new neighbor ...and I was wanting to re-fence my property...Please remove the dog pen?"

Thanks to you all for responding!
Lynne
0 votes Thank Flag Link Thu Jul 18, 2013
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