Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I had a survey done recently and discovered that my neighbor has their irrigation 2.5 feet into my yard. The sprinkler guys said they need to move it back over so they can install my own irrigation system. My neighbor doesn’t feel like moving it. What can I do? If I break it then I’m responsible right? Can I move it over and just put it up on his yard without breaking it and then he will have to pay someone to reinstall it? Is that better?
It appears that your neighbor is trespassing (accidentally) on your property. In theory, this gives you the right to “self help” in removing the trespassing items (the irrigation hardware), but they still own that property, and you have the same obligation not to damage their property as any other person does.
The safest way to address something like this is to get the neighbor to take care of it (or, at least, to give permission to do so). It might help to have a letter from an attorney explaining that this is a legal obligation, and not just something your neighbor gets to “feel like” doing or not doing.
Failing that, the best I can say is that you should move the property in whatever method will do the least possible amount of damage (preferably zero); document everything you do (including photos or video); and be prepared to reimburse your neighbor for the cost of any repairs.
