Legal Question in Real Estate Law in Connecticut

Returned home to find a new fence on our property.

We returned home after a winter away to find our fence removed and a new one in it's place.

This fence had been present long before the new owners of the house next door bought thier house.

The fence was old but solid and surrounds the entire property.

How can anyone do this? What are our rights? Who do we contact about this, and how can we make them take the fence off our property and return our.origional matching fence? I know when we had our fence installed in September of 1990, we had a survey and a permit for it. Please advise, we leave for another extended business trip next week and are afraid what else they might do. Is this a matter of trsspassing? Should we file a complaint with the police? Do we have the right to remove the fence since it is on our property and will they be made to replace our same fence where it was?

Thank you in advance, I hope this is clear enough to understand. I am so very upset.

Sincerely,--name removed--Newkirk


Asked on 4/21/03, 10:35 pm

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Returned home to find a new fence on our property.

Assuming your survey is correct, it's clearly a trespass, both civil and criminal. You should report it to the police and notify the neighbor that they must take down the new fence and replace the old fence or you'll sue.

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Answered on 4/24/03, 9:20 am


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