neighbors horses are wrecking my fence which is inside my property line by 5 feet

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good_neighbor

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My neighbor is using my fence which is inside my property line by about 5 feet to keep his horses in. I have plans to move the fence to the actual property line but cannot afford it right now. His horses are wrecking the fence which is already in need of repair. I have asked him to put up a hot wire at the property line to keep the horses off of my property but he says he doesn't have to and that he can use the existing fence, even though it is on my property! Does he really have the right to use my property just because there is no fence there or can I legally force him to put up his own barrier to keep his horses off of my property? My husband does maintain our property on the other side of the fence (weed eating, etc.), there is a survey marker and it is deeded as our property. Can the neighbor claim this as his own property because his horses use it (squatters rights) and if so how long do we have to move the fence before he does? We pay the property tax on it. His hot wire that he runs along our fence doesn't work right and his horses are always in our yard anyway. What should we do? The neighbor is psycho and we cannot come to an agreement. I want his horses off of our property so that he does not have squatters rights at all. Also, I know that he cannot afford to repair the fence that his horses are wrecking.
 
What you need to do is to send him a letter CRRR telling him to keep his horses off your property and you expect him to be responsible for any damage. You can do this yourself or better to have your attorney send it. Pull a string or banner along the property line and take pictures to show the PL in relation to your fence. Also take pictures of the fence so you can prove any future damage. Then take pictures of the horses across the line.

If the horses are getting into your yard, notify animal control.

Once you have some proof, you can take him to small claims to recover damages. If allowed in that court, you could also get an injunction. A judgment will go against his property.
 
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