Has your neighbor constructed a fence within your property line? Are you looking for ways to prevent your neighbor claiming adverse possession of your yard? If your answer is yes to any of these questions, simply checkout the article below to see whether you can remove your neighbor’s fence from your property.
Table of Contents
- Can I Remove Neighbors Fence On My Property
- Best Way To Remove Neighbors Fence On Your Property
- Reasons Why Neighbor May Put Fence On Your Property
- How Close To Property Line Can Fence Be?
- Can I Put A Fence Next To My Neighbors Fence?
- Can You Force A Neighbor To Replace A Fence?
- Can My Neighbor Lean Against My Fence?
Can I Remove Neighbors Fence On My Property
Property lines are a cause of conflict amongst homeowners and if your neighbor has built a fence on your side of the property line, they are technically trespassing and you should take reasonable measures in order to ensure that they remove the fence. It is important to know that you are not allowed to physically remove your neighbor’s fence from your property especially if they had acquired a permit to build the fence. A legal way to get your neighbor to remove their fence from your property line is to approach your local government’s planning or zoning office and ask them to do a survey to determine where your property starts and ends. From then onwards your local government can then issue out a letter to your neighbor asking them to take down their fence if it is built on your property. In the event that your neighbor has received a permit to start building the fence, you can contest the permit and receive and order from your local government stating that your neighbor should stop building or take down the fence. If you are having a hard time trying to get everything in order, try to hire an attorney and take the issue to court.
Best Way To Remove Neighbors Fence On Your Property
While approaching the local government or an attorney might seem like the best way to get your neighbor to remove their fence from your property, it actually isn’t. This is because, this method can build up tensions between you and your neighbor and that’s the last thing you would want to do. Below we highlight a few ways you can use to remove your neighbors fence from your property.
Talk To Your Neighbor
If your neighbor has built a fence on your property, the best thing to do is to talk to your neighbor. Explain to them that they have built their fence in your property. If you have documents to prove this you can show them. If your neighbors are understanding people, they will try to find ways of solving this issue.
Present Copy Of Survey
If your neighbors are failing to come to terms with the fact that they built their fence on your property line you can present them with a copy of the survey which shows the boundaries of your property line. Make sure you record the conversation just in case the issue escalates and goes to court.
Call The Police
After all these interventions, if your neighbor continues constructing the fence on your property you should call the police. The police might be reluctant to come and term the issue as a civil matter but, if they do come, explain to them the whole situation and give them a copy of the survey report. The police may tell your neighbor to stop the construction of the fence. When your neighbor notices that you are now involving law enforcements they may back down from constructing the fence on your property.
NB: Only take the matter to court if your neighbor continues to be hard headed and will not remove the fence on their own.
Reasons Why Neighbor May Put Fence On Your Property
While your neighbor might be wrong for constructing their fence on your property in some instances it might be a mistake and you need to acknowledge that everyone makes mistakes. If you are living in an area where fences can be constructed without a permit, there is a chance that a survey was not done prior to the construction of the fence. Hence, your neighbor might have assumed that a part of your property is within their property line. So always make sure you get your neighbors side of the story before throwing accusations at them. If they had acquired a permit to build the fence you can always contest it or ask your local government to help you.
How Close To Property Line Can Fence Be?
Different states have different laws when it comes to how close a fence can be to the property line. So if you want this kind of information you can check with your local city hall or a building inspector. In some states, a fence can be built between 2 to 8 inches from the property line. In other states they can allow you to build a fence directly on the property line. However, you may need to split the costs between you and your neighbor, so that means talking to them before starting construction of the fence.
Can I Put A Fence Next To My Neighbors Fence?
Yes, you can put a fence next to your neighbor’s fence as long as it is within your property line. Placing a fence on your yard is a good way of preventing trespassers from entering and it gives you more privacy on your yard.
Can You Force A Neighbor To Replace A Fence?
If you and your neighbor are sharing a fence, you both have the responsibility to maintain the fence. Therefore, if the fence is damaged it is the responsibility of both of you to fix the fence. This means you are both supposed to contribute equal amounts of money towards the repairing of the fence.
Can My Neighbor Lean Against My Fence?
No, your neighbor is not allowed to lean against your fence. The best way to get them to stop is to talk to them politely about the matter. Explain to them the possible consequences of their actions.
You are not allowed to physically remove your neighbor’s fence from your property. However, you can take reasonable measures as discussed in the article above.