Wyoming Neighbor Disputes: What to Do If Your Neighbor’s Fence Encroaches on Your Property

Understanding Property Lines and Encroachments in Wyoming

In Wyoming, as in any state, understanding your property boundaries is crucial. A fence that crosses your property line is considered an encroachment, a legal term for when someone (or something, like a fence) builds on or occupies another's land without permission. Before taking action, it's essential to confirm the encroachment.

Confirming Property Lines

• Review Your Deed: Your property deed contains the legal description of your land.
• Consult Plat Maps: Plat maps, often available at the county recorder's office, show the layout of properties in a subdivision.
• Hire a Licensed Surveyor: This is the most accurate method. A surveyor will use precise instruments to mark your property boundaries. This provides legally defensible evidence.

Why is a survey so important? Because relying solely on visual cues or old fences can be misleading. Over time, fences can shift, and assumptions can be incorrect. A survey provides definitive proof.

Initial Steps When Encroachment is Confirmed

Communicate with Your Neighbor

The first step should always be a friendly conversation. Inform your neighbor of the encroachment and politely request its removal. Approach the situation calmly and explain your concerns. Document all communications (dates, times, what was said) in case further action is needed. Keep a record of all correspondence, including emails, letters, and phone calls.

Send a Formal Letter

If a friendly discussion doesn't resolve the issue, send a certified letter (return receipt requested) outlining the encroachment, referencing the survey, and requesting its removal within a specific timeframe (e.g., 30 days). This provides a documented record that you informed the neighbor of the issue.

Legal Options and Considerations

Legal Action: Trespass and Ejectment

If your neighbor refuses to remove the encroaching fence, you may need to pursue legal action. Two common legal claims are:

• Trespass: This claim asserts that your neighbor is unlawfully entering or occupying your property.
• Ejectment: This lawsuit seeks a court order requiring the neighbor to remove the fence and relinquish possession of the encroached area.

Important Consideration: Litigation can be expensive and time-consuming. Weigh the costs and benefits carefully before filing a lawsuit.

Alternative Dispute Resolution (ADR)

Before resorting to court, consider ADR methods such as:

• Mediation: A neutral third party helps you and your neighbor reach a mutually agreeable solution.
• Arbitration: A neutral arbitrator hears both sides and renders a decision (which may or may not be binding, depending on the agreement).

ADR is often faster, less expensive, and less adversarial than litigation.

Understanding Wyoming's Statute of Limitations

Wyoming has a statute of limitations for property disputes. This means you have a limited time to take legal action. Failing to act within the statutory period could prevent you from pursuing your claim. Consult with an attorney to determine the applicable statute of limitations for your specific situation.

Adverse Possession and Prescriptive Easements in Wyoming

Even if a fence encroaches on your property, your neighbor might acquire rights to the land over time through adverse possession or a prescriptive easement. Understanding these concepts is vital.

Adverse Possession

Adverse possession allows someone to gain legal ownership of property by openly and continuously possessing it for a specific period (usually 10 years in Wyoming), even without the owner's permission. To establish adverse possession in Wyoming, the neighbor's possession must be:

• Actual: They must physically occupy the property.
• Open and Notorious: Their possession must be visible and obvious to the true owner.
• Exclusive: They must possess the property to the exclusion of others, including the true owner.
• Hostile: Their possession must be without the true owner's permission.
• Continuous: Their possession must be uninterrupted for the statutory period.
• Under Claim of Right or Color of Title: The possessor has to claim the land as their own. "Claim of right" means the adverse possessor enters with the intent to claim the land as his own. "Color of title" is a legal term meaning that a document appears to grant the individual legal title to the property, but the document is somehow legally defective.

Preventing Adverse Possession: To prevent adverse possession, regularly inspect your property, post "No Trespassing" signs, and promptly address any encroachments.

Prescriptive Easement

A prescriptive easement is similar to adverse possession but grants the right to use someone else's property for a specific purpose (e.g., access to a road), rather than ownership. The requirements for establishing a prescriptive easement in Wyoming are generally the same as those for adverse possession, except the use need not be exclusive. The neighbor must demonstrate that the use was open, notorious, continuous, and adverse for the statutory period.

Compensation and Damages

If your neighbor's fence encroaches on your property, you may be entitled to compensation for damages. The types of damages you can recover depend on the circumstances.

Types of Compensation

• Diminution in Value: The decrease in your property's value due to the encroachment.
• Cost of Removal: The expense of removing the encroaching fence and restoring your property.
• Lost Use and Enjoyment: Compensation for being unable to use the encroached area.
• Attorneys' Fees and Court Costs: In some cases, you may be able to recover your legal expenses.

Negotiating Compensation: Attempt to negotiate a fair settlement with your neighbor to avoid litigation. Document all expenses and losses to support your claim for damages.

Options for Resolving the Encroachment

There are several ways to resolve a fence encroachment, apart from forcing its removal:

• Negotiated Agreement: You and your neighbor can agree on adjusted property lines, allowing the fence to remain in place. This requires a formal agreement and a revised property survey, recorded with the county.
• Sale of Land: You could sell the encroached portion of your land to your neighbor.
• License Agreement: Grant your neighbor a license to use the encroached area. A license is a revocable permission that doesn't transfer ownership or create an easement. This provides a temporary solution but allows you to retain ultimate control of the property.

Specific Wyoming Considerations

Wyoming's Fencing Laws and "Open Range"

Wyoming is an "open range" state in many areas. This means livestock are generally allowed to roam freely. While this doesn't directly address fence encroachments, it can influence property owner responsibilities. If your property is in an open range area, you may have a greater responsibility to fence livestock out, rather than expecting neighbors to fence them in. Understanding the local ordinances and customs related to livestock is crucial, especially in rural areas of Wyoming.

Topography and Accessibility

Wyoming's diverse terrain can impact fence construction and maintenance. Rocky or mountainous areas may present challenges for accurate fence placement, potentially leading to unintentional encroachments. Accessibility for surveys and fence repairs can also be a factor, potentially influencing the cost of resolving the issue.

Checklist: What to Do if Your Neighbor's Fence Encroaches

1. Confirm the Encroachment: Hire a licensed surveyor.
2. Document Everything: Keep records of all communications, photos, surveys, and expenses.
3. Communicate with Your Neighbor: Start with a friendly conversation, followed by a formal letter if necessary.
4. Explore ADR Options: Consider mediation or arbitration.
5. Consult with an Attorney: Seek legal advice to understand your rights and options.
6. Take Timely Action: Be aware of the statute of limitations and avoid delays.

Dealing with a fence encroachment can be stressful. By understanding your rights, taking proactive steps, and seeking professional guidance, you can effectively resolve the issue and protect your property interests in Wyoming.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.