Question

A and B are neighbors. After numerous complaints by B regarding A's dog, A erects a fence enclosing her property. The fence encroaches upon three feet of B's property and it can be proven that A knew of the encroachment at the time the fence was erected. Twenty-two years pass before the error is discovered by B when B is preparing to sell his property.

What rights does B have against A?

Answer 1

If we look at the case, then theoretically, B can ask A to remove or change the fence. In fact, B can also look to bargain for easement rights. B should serve a notice to A bringing the encroachment in his notice or B can ask A to enter into an agreement for an easement. If the fence is to be placed in the current place B can ask A to negotiate an easement. Apart from this, in order to solve this issue, A can also seek the help of court to solve the dispute related to the fence.

In fact, injunction of court order can also be looked by B. This will ask A to perform some certain activity if B is successful in proving that encroachment was illegal and it will result in some sort of financial injuries.