“Neighbor put a fence on my property. Can I remove it?” – is one of the most frequently asked questions. Putting a fence on someone else’s property can be considered an invasion and legal steps may be taken against the action. If you are wondering what to do if your neighbor invades your boundary or property line, this article will guide you right through it!
There are options for resolving a disagreement between you and your neighbor over a wall or fence. A difficulty could be a damaged wall or determining who should pay to fix a fence. If you rent your house, see if your landlord will take care of the situation for you. Without their consent, you should not make any improvements to their walls or fences.
Knowing the Boundary of Property Line of Your Home
You might have a boundary issue if your neighbor places their property, a fence, or even an extension to their home on or crosses your property line. You must first determine the location of the boundary between your residences before you can fix the problem. This can assist you to determine whether the wall or fence is on your land or if it is shared between you.
Talking to your neighbor and comparing deed copies is the first step in dealing with the issue. The precise wording of the documents should reveal the location of your property lines. Check the legal documentation you received when you purchased your home to find out.
If you don’t have the documents, you can purchase them from the Land Registry for a reasonable price. It might be a good idea to purchase the records for your neighbor’s house as well, as they may contain information that yours does not.
You can receive aid from surveyors who deal with property issues if you and your neighbor disagree about where the boundary is. If your papers fail to determine your boundary, you’ll have to agree to pay for a survey. The state of your relationship with the neighbor will determine whether you pay for it yourself or work out a bargain with them.
Is Your Property Being Encroached?
Encroachment occurs when your neighbor, whether purposefully or accidentally, constructs a fence on your land or extends an installation over the property boundary. To effectively address this problem, you must first confirm that encroachment is occurring. Look at the table below to see how to tell if the land on which your neighbor built a fence belongs to you:
A licensed surveyor will detect the actual boundary between your land and your neighbor’s property when you get a survey. They’ll conduct the survey using the legal description of the property in your deed as a guide.
The market value of the property in question will be determined by the appraisal. Knowing the market worth of encroached land can help you negotiate with your neighbor.
A neighbor put a fence on my property can I remove it?
Your neighbor is not obligated to change a wall or fence just because you ask them to, such as raising it for privacy reasons. You can’t paint your side or make any other changes to it without their approval.
If the wall or fence appears to be dangerous, make your neighbor aware of the situation. Discussing with your neighbor will always prove to be helpful!
The Legal Procedure of Dealing with Your Neighbor Trespassing
Your neighbor is trespassing if his fence is inside your property line. In many places, a city or county must review and provide a permit before a fence can be installed. You should double-check whether permission was obtained.
You may be able to find a method for contesting the issuance of that permit to have the fence removed. In some cases, the local government can mandate this; otherwise, you’ll have to go to court to acquire an order requiring the other owner to remove his fence at his expense.
If no permit was given, you’ll need to hire an attorney and file a trespassing case against your neighbor in court. If you can show that your neighbor erected the fence on your land without your permission, the court should be able to order it to be demolished.
What to Do If Your Neighbor Puts a Fence in Your Property
It’s time to take action once you’ve determined that your neighbor’s fence is on your property. The following are some of the most effective strategies:
Checking for a fence permit—In some areas, property owners are required to obtain a permit before constructing a fence. This permit should specify where the fence can and cannot be built. To avoid problems like this, the permit may additionally require the owner not to build the fence too close to the property line. If your neighbor’s permission states something along those lines, especially if it specifies the fence’s placement, you can use it as a bargaining chip or in court.
Talking to your neighbor about the problem—Talking to your neighbor about any neighbor-related issue is the best method to solve it. They may be completely unaware that the fence they constructed is on your property. Even if they put it there on purpose, discussing the situation in person is easier and less expensive than hiring lawyers and going to court.
Selling the land to a neighbor—this is when the encroached property’s valuation comes in helpful! You can simply sell that portion of the property to your neighbor, avoiding additional disputes and even legal action. This way, you’ll be compensated for your land, and the fence won’t have to be removed.
There is another option if chatting with your neighbor didn’t work out and you don’t want to spend money on lawyers to go to court. The majority of states have mediation services that deal with these types of issues. This is a less expensive and less serious choice than hiring an attorney and suing your neighbor to court.
If your property is being invaded or your neighbor is putting a fence within your boundary, you can take the aforementioned steps. Always remember to conduct a civil discussion and sort things out legally!