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A positive relationship with your neighbors can enhance your enjoyment as a homeowner, but in certain circumstances, disagreements are unavoidable. Consider fences, for instance. You may not have paid much attention to the new fence your neighbor put up, only to later review your property layout, maybe intending to construct your own fence or find out if a tree you wish to remove is yours or your neighbor's. Once you discover...all the key information you need to know about trees and property boundariesYou may discover that a portion of your neighbor's fence is actually on your property. As many individuals do not have a precise understanding of their property boundaries, this realization often occurs late, after the fence has already been built.
If you tend to avoid conflict and the property encroachment isn't major, you may feel inclined to ignore it. However, even if you don't mind the fence, it could have a negative impact on your home's value, as your neighbor might assert ownership under the legal principle of adverse possession in many states. Adverse possession is a legal procedure that allows someone who has occupied your land without permission—such as your neighbor—to claim ownership of the area enclosed by their fence, resulting in them obtaining a legitimate title. The positive aspect is that a claim of adverse possession usually requires the person making the claim to occupy the land for a specific period, ranging from seven to 20 years, depending on your state. Therefore, to prevent your neighbor from taking over part of your property and reducing its value, what steps should you take? Fortunately, there are solutions available to ensure you maintain your legal rights to your land, even if it is located within your neighbor's incorrectly positioned fence.
Read more: 12 Creative Methods to Enhance a Simple Chain Link Fence and Improve Your Home's Appearance
Dealing With Property Overreach From Your Neighbor (And Legal Implications)
A boundary fence that encroaches on another's land is frequently a major source of legal conflicts between neighbors, but there are methods to prevent costly legal issues. Before taking any action, ensure you are aware of the true property lines. After confirming that the fence is on your property, the initial step should always be communication. Do not assume bad intentions from your neighbor — they might simply be unaware of their property boundaries or the relevant regulations. Inform them that the fence is on your land, and they may remove or relocate it voluntarily. Avoid offering to pay for the removal, as this could harm you if the matter escalates into a legal dispute. Simply ask your neighbor to take down the section of the fence that is on your property — first verbally and then in writing to confirm the conversation took place. Throughout this process, consider the followingadvice on maintaining good relations with challenging neighbors.
If being polite doesn't resolve the issue, bring it to your local government. Your neighbor might have built the fence without a permit, and if your city requires one, you can reach out to the local zoning officer or a municipal representative to report the situation. They will then contact your neighbor about taking down the fence and manage any related penalties. If you reside in an area governed by a homeowners association (HOA), review the covenants concerning fences to determine if your neighbor's structure violates any rules. Should that be the case, the HOA could ask them to remove it. In situations where the neighbor is uncooperative, you may initiate legal action and seek a court order to have the fence removed from your property.
Options That Are Not About Relocating the Boundary
You may have only recently learned about the fence problem when preparing to sell your home. As potential buyers might be discouraged by the possibility of a legal conflict, you may feel inclined to address the matter swiftly. One option is to enter into a boundary agreement, transferring the encroaching area to your neighbor, thereby making it officially theirs. However, this reduces the size of your land and could lower your property's worth. Another alternative is to provide your neighbor with a license, which grants them legal permission to keep the fence for a specific time, after which it must be removed and any future fences must be constructed within the proper property boundaries.
In case of any legal conflict, it's advisable to consult a lawyer. Regulations about fences and property issues differ from state to state, making it wise to work with a local professional.Reach out to a real estate lawyerand talk about your circumstances to receive guidance that is specific to your particular situation and build a connection in case of a legal dispute. Even if you don't take legal action, the lawyer can inform you about your choices and suggest solutions that don't require going through the courts. To prevent future problems with property lines, contact a surveyor to mark your property's boundaries with stakes, which will make it hard for neighbors to claim uncertainty about where their property ends and yours starts.
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