Neighbor's fence on my property. Seeking advice.

[ChicagoMeO]

Originally Posted by sailmotion

Leave their posts on your property long enough and you are certainly at risk losing that piece of your property by adverse possession. Generally, the time frames are fairly long, but vary jurisdiction to jurisdiction. The elements necessary to lose property by adverse possession is the "taking" must be open, constant, exclusive, adverse and notorious.

As you've described, your neighbors have openly placed their posts on your property. You are doing nothing about removing the posts, so they appear to remain constantly on your property. You've clearly taken steps with the town to have the old fence removed, yet the neighbors have left the posts intact, adverse to your rights. It's unclear if you continue to "use" that section of your property where the posts are located, so it's equally unclear if your neighbor's use is exclusive and/or notorious. If I were you, I'd remove the posts immediately and return them to your neighbor. In the alternative, if you have no problem with a proper fence being partially on your property, I'd enter into a written Lease [even if only for a nominal sum]. The Lease makes the transaction "mutual" and no longer adverse or notorious. Better yet, get an attorney. Good luck.

Sounds like squatter's rights regarding the fence posts.

[hj630]

Why you don't talk to him first. If he refused to move, just go to small claim court. It is not hard if you have your property boundary.

[IllinoisResident]

Thank you all for your advice! Much appreciated.

[flamadiddle]

Originally Posted by IllinoisResident

Thank you all for your advice! Much appreciated.

let us know the outcome.