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.
1. The Rule: Survey is King
“I think the line is by the old oak tree” is not evidence.
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 | |
| Year 5-10 | Risk | |
| Year 10-20+ | Lost |
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.