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Neighbor built a fence 3 feet into my property and won't move it. What can I do?
"Location: Texas.
This started in March and I've run out of ways to handle it myself.
My neighbor put up a new fence along our shared boundary earlier this year. It didn't look right to me so I brought in a licensed surveyor. The fence is sitting about 3 feet inside my property line along the full length of the boundary, around 80 feet total. So he's basically taken a 240 square foot strip of my yard and fenced it into his."
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That was six weeks ago.
The fence hasn't moved. The neighbor hasn't called. The 240 square feet is still sitting on the wrong side of the property line, and the longer it stays there the more complicated the legal situation becomes, which is almost certainly part of the calculation.
Here's what makes this particularly frustrating: they'd been good neighbors for three years. No issues, no history, no reason to expect this. And now one fence installation has turned a functional relationship into a property dispute that's heading toward legal action whether either of them wants it to or not.
He has everything he needs. The survey with clearly marked boundaries. Photos from before the fence went up. Texts acknowledging the conversation happened. What he doesn't have is a neighbor willing to do the right thing without being forced to.
In Texas, the law is clear on adverse possession and property encroachment. The fence needs to move.
He just needs to make that happen.
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"I went over and showed him the survey. He said the fence company did it right and he wasn't going to act on one survey he didn't commission himself. I offered to pay for a second independent one, said we could split it, just to get something he felt comfortable with. He said he'd think about it. That was six weeks ago and I haven't heard anything and the fence hasn't moved.
I have the survey with the markers clearly shown, photos from before the fence went up, and texts from after our conversation where he acknowledged we'd spoken about it. We've lived next to each other for three years without any issues which is part of why this is frustrating, I wasn't expecting to have to fight him over this. But I'm also not going to just let it go because 240 square feet is a real amount of property and the longer that fence sits there the more complicated this probably gets. What are my options at this point and is there a way to push this forward without immediately going to court"
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There’s no reason for you to pay for multiple surveys. Send him a letter via certified mail with a copy of the survey attached. In the letter, explain that the fence is on your property and the neighbor needs to remove it. If that doesn’t work, you will likely need to go to court. It would be a good idea to consult with a local real estate attorney at any point in this process.
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Call and report it to the local ordinance department, they will come out and investigate and if they find he is in violation they will give him a set time frame to move it along with fines that start adding up. If you really want to prove a point then get the lawyer to force the move and ask for rent for said property he has occupied and ensure the settlement states the property must be returned as it was before the fence was placed otherwise you would have a destructive removal
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This happened to me. I went to my town’s building department and complained. The building department threatened the neighbor with a daily fine until they moved it.
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You need to address this through legal channels like others stated. Ignoring it will hurt you in the long run. You showed him a survey and I have a feeling the fence company didnt bring in a proper survey to save money and did it based off if what the neighbor stated on where to put it
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lol if your survey is certified and signed by a legitimate surveyor you don’t need to hire yet another one that “he’s comfortable” with. He’s ignoring you and hoping you go away. Tear down *your* fence and send him a bill via certified mail and then take him to small claims court. He’s already shown he’s not willing to be a good neighbor. Might as well burn the bridge now.
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He knows what he did, he’s hoping you let it go.
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Just register a complaint with the local Permitting Office, have them come and investigate it and let them handle it no money out of pocket to you no need for an attorney no need for court
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I was told when we installed our fence that if it's on the wrong boundaries, we won't be able to refinance or sell the house until it's fixed because they'll have to get an inspection for either of those transactions to take place.
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The term is “encroachment” and it’s a big deal. You can’t (shouldn’t) let anyone push you around like that! C’mon! A nasty attorney letter costs less than a boundary survey.
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Lots of solid advice here so i wont add to that, but what i will provide is perhaps some motivation.
Remember, you are technically now paying taxes for that 240 sq ft of land that you no longer have access too... Not only is he taking your land, he is making you pay the taxes on it too.
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Call code enforcement. Simple. He should have needed a permit to put the fence up and it has to be put up to code standards. This isn’t difficult.
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It's on your property... Pull it down
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Start putting up a fence 3 feet into his property. Let's see if he likes it.
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Call the town and verify he got a permit because he needed a survey for that
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If it's on your property, and you are sure about it, then cut it down
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It sounds like you are absolutely going to have to obtain an attorney.
Let me explain to you why this is important, first he’s on your land. Depending on the local rules and regulations if he’s openly on your land for certain period of time, it becomes his land. Yes… Everybody coming at me, I know their rules. This is the baseline.
If you ever decide to sell, this will come up. And it could prevent you from selling.
It’s absolutely worth it to get it handled as soon as possible. Land is the basis of wealth in this country and needs to be taken seriously.
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Start with reporting it to the town. Sounds like he didn’t pul a permit. Then show the inspector the survey. Let the town make him move it or take it down. Let them be the villains.
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Start with reporting it to the town. Sounds like he didn’t pul a permit. Then show the inspector the survey. Let the town make him move it or take it down. Let them be the villains.
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Was there a city permit / inspection involved when the fence was built? If so, i’d start with the city / county building department and see if they can offer any advice.
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Start demolishing it now and practice your maniacal laugh for when he runs out with mouth agape
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Personally I would just remove the fence. He can sue you if he doesn't like it and lose in court.
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Also add a note that in 2 weeks with an exact date, you'll be destroying the fence since it's in your property.
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Unfortunately you need a lawyer and now. Time to sue and have his fence removed. He doesn’t sound reasonable so you likely need a court ordered judgement against him to get fence off your property.
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You can take it down. It’s on YOUR property.
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Lawyer and make him cover the cost and court fees
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DO NOT LET THIS GO! Get an attorney. Adverse possession is real and has a time clock associated with it. Follow advice provided here. Get an attorney to send a demand letter to remove fence.
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