Neighbor Built a Fence on My Land? Here is What to Do

Property line disputes can turn friendly neighbors into enemies—and cost you your land. If a neighbor builds a fence just 6 inches over the line, ignoring it is dangerous. In many states, if you allow the encroachment to stay for a set period (e.g., 10 years), the neighbor legally steals that strip of land through “Adverse Possession.” Here is the step-by-step guide to reclaiming your property without getting arrested for destroying their fence.

BMT Legal Team BMT Legal Team · 📅 Feb 2026 · ⏱️ 7 min read · LEGAL › HOME
Proof
Survey
Only Legal ProofFact
Risk
Lost Land
Adverse PossessionWarn
Tree
3x Dmg
If You Kill ItRule

1. The Rule: Survey is King

“I think the line is by the old oak tree” is not evidence.

Metes and Bounds
The Myth: Many homeowners rely on “Plat Maps” from Zillow or county websites. These are estimates and are rarely accurate enough for legal disputes.
The Reality: Only a licensed surveyor can place physical “monuments” (stakes) that hold up in court. Without this, you have no case.

2. Common Disputes (Checklist)

Identify the type of encroachment before acting.

Type Example Legal Stance
Structural Fence, Shed, Garage. Critical. Must act fast to prevent Adverse Possession.
Vegetation Tree branches, Roots. “Self-Help” Allowed. You can trim up to the line (usually), but don’t kill the tree.
Nuisance Water runoff, Noise, Smells. Civil Suit. You must prove damages (e.g., flooding).

3. Timeline: The “Adverse Possession” Clock

If you are “nice” and ignore the fence, you are legally giving away your property. The clock is ticking.

Time Passed Legal Status Result
Year 1-5 Trespass
You can force removal easily
Year 5-10 Risk
Statute varies by state (Clock Ticking)
Year 10-20+ Lost
Neighbor Owns the Land
Planning Note
If you want to be a “good neighbor” and let the fence stay, you MUST have them sign a written “Permissive Use Agreement.” This confirms the land is yours and they are using it with permission, which legally stops the Adverse Possession clock.

4. Strategy: The “Spite Fence” Law

Did they build an ugly 10-foot wall just to annoy you?

  • The Definition: A “Spite Fence” is a structure built with no legitimate purpose other than to annoy a neighbor (e.g., blocking a view or light).
  • The Limit: Most cities have height limits (e.g., 6 feet for backyards, 4 feet for front yards).
  • The Action: If the fence exceeds the code limit or is proven to be malicious, you can call Code Enforcement to have it torn down at their expense.

5. Warning: Tree Law (Treble Damages)

Do not cut aggressively.

⛔ The $30,000 Branch

You have the right to trim branches hanging over your property line, BUT:

  • The Rule: If your trimming harms the health of the tree or kills it, you are liable for its replacement value.
  • The Penalty: Many states enforce “Treble Damages” (Triple Damages) for timber trespass. If the tree was worth $5,000, you owe $15,000.
  • Advice: Hire an arborist. Do not hack at roots yourself.

6. Frequently Asked Questions

Who pays for a shared fence?
It depends. In states like California (“Good Neighbor Fence Act”), neighbors are generally required to split the cost of maintaining a shared boundary fence 50/50. Check local statutes.
Can I just remove the fence?
NO. Even if it is on your land, destroying it is “self-help” and courts hate it. You could be arrested for criminal mischief. Get a court order (Ejectment) first.