property line dispurts with my neighbor
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
property line dispurts with my neighbor
my neighbor put up a fence on our property he has taken about an eighth of an acre of our property so I need to know what forms I need to fill out and file with the courts to get it back I don’t have the money for a lawyer so I will be representing myself and my sister we just found out he was on our property in december of 2018 he tolded us where the line was so we had it surveyed in june of this year so what do I need to do
Asked on July 24, 2019 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You file a lawsuit against him in chancery court (also known as "equity" or "general equity") which is the part of county court dealing with matters where the main issue is NOT monetary compensation but rather deciding issues like who owns what. You file the lawsuit against the neighbor and have to file and serve it on him according to court rules. (You can find your court rules online.) In the lawsuit, you will ask for a declaratory judgment, or court determination, as to where the boundaries are, and a court order that the fence be taken down at your neighbor's expense (and that he pay to repair any landscaping, etc. damage). You should be able to get some instructions and forms from the court, either online or in person at the clerk's office.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.