You just put a beautiful new fence around your yard. There is just one problem; your neighbor is threatening to sue you because they think your fence is on their property. Clearly, you made sure that you knew where to put the fence. Your neighbor does not think so. It looks like you need to hire a residential real estate attorney to help you resolve this. That resolution looks something like this.

File Your Countersuit, If Your Neighbor Already Filed Suit

If your neighbor followed through on their threat, file a countersuit. Tell your lawyer exactly what you are filing against so that your lawyer can draw up the proper counter-petition. Your lawyer will let you know that your documents have been filed.

Get a Surveyor's Report

If you did not initially get a surveyor to mark the property boundaries for you, then get a surveyor's report now. If you did not encroach on your neighbor's property, your surveyor and their report will prove it. Then give that report to your lawyer so that they can prepare for court. If you did encroach on your neighbor's property, you may decide to withdraw your petition and ask your lawyer to petition the courts for the opportunity to move the fence off of your neighbor's property.

If You Can Prove That You Are Right

If you and your lawyer can prove that you are right, then the fence stays. You can file a different suit, in addendum to this one, that sues your neighbor for legal fees. While this may leave quite unpleasant feelings between you and your neighbor, you can take consolation in the fact that "they started it." Otherwise, you can forgive and forget, knowing that you were right, and that your fence stays where it is.

If You Are Wrong

If you are wrong, you essentially stole land that was not yours and placed a structure on it that you did not have permission to place. That is a big problem. You will be forced to remove most of that fence on that property, pay your neighbor damages to repair the property (e.g., holes in the ground for the fence posts, etc.), and then pay someone a second time to install that side of your fence within your real property lines. Your lawyer may be able to argue for a lesser punishment, but you should be prepared to handle the worst in this real estate argument.