IT'S YOUR FENCE IF IT'S ON YOUR PROPERTY

DEAR BOB: We purchased our house 12 months ago. When getting a professional survey, in conjunction with a remodeling project, we learned the fence separating us from a neighbor is on our side of the boundary by about 2 feet. What rights do we have, if any? --Ben A.

DEAR BEN: If the fence is on your side of the true boundary, it's your fence. If you wish, you can tear it down and rebuild a new fence just on your side of the true boundary.

But before doing that, have a friendly conversation with your neighbor to discuss the survey and explain why you need to move the fence to have enough room for the remodel. Perhaps you can get the neighbor to pay half the cost of an attractive fence you will both enjoy.

Although I don't recommend bringing this issue up, if the fence has been there for many years and the neighbor has used that 2-foot strip of land, perhaps for a garden or lawn, he might have acquired a prescriptive easement to permanently use that land strip. To qualify, he must prove open, notorious, continuous and hostile use for the required number of years and bring a quiet title action in court. The hostile test usually defeats most prescriptive easement claims. You could argue his use was with permission. For details, please consult a local real estate attorney.