Can I remove my neighbors fence on my property? Learn about property rights, legal steps, and resolving disputes effectively.
Imagine this: You go outside in the morning, cup in hand, to enjoy your backyard, and you notice something awry. A new fence, freshly erected—on your property. Your neighbor, with good (or bad) intentions, built the fence on your land.
Now, frustration begins, and the question crosses your mind: “Can I remove the fence from the side of the neighbor’s property?“
You’re not alone. Property boundary disputes are more common than you think. The good thing about them, however, is that there’s a solution through the law. The bad thing about them, though, is if you don’t use the proper protocol, you could get into trouble.
So, before grabbing a crowbar and tearing it down, let’s dive into what you can and can’t do, how to handle it peacefully, and when to involve legal professionals.
Table of Contents
Step 1: Do You Really Own the Fence?
Before you do anything, you absolutely, positively, 100% need to be sure the fence belongs to you. Many problems are created by people who are unsure about the lines.
How to Identify Your Property Lines
- Review Your Property Deed & Survey
- Hire a land surveyor if required
- Check Local Codes and Regulations
Personal Tip:
I used to think the fence belonged to the neighbor—until I had the boundary marked by a survey. It ended up exactly at the boundary, so technically, the fence belonged to both of us. Everything changed after that.
Step 2: Go Directly to Your Neighbor
If you determine the neighbor’s fence runs along your ground, don’t jump to conclusions. A simple polite conversation usually fixes the issue and you don’t have to resort to the law.
How to Approaching Your Neighbor
- Be Friendly, Not Confrontational
- Show Proof
- Suggest a solution
Personal experience:
I had a friend who used to experience this issue. Instead of fighting, he invited his neighbor to coffee and talked about the issue. The neighbor confirmed he did something stupid and shared the cost of moving the fence.
Step 3: What if Your Neighbor Won’t Cooperate
If your neighbor ignores you, won’t move the fence, or asserts the fence belongs to them, you may be forced to turn to the law.
Legal Actions to Take
- Send a Formal Notice in Writing
- Consult a Property Attorney
- File a Property Encroachment Complaint
Important:
And if the long-term standing of the fence went by undisturbed, your neighbor might claim adverse possession—a law in some states, in some circumstances, under which they could claim title to a piece of real estate they’ve occupied freely in the long term.
Step 4: What if the Fence Sits Along the Property Line
If the fence lies along the boundary, you don’t get to decide. This type of fence is considered a partition fence, and you and your neighbor are co-owners.
What You Can & You Can’t Do
✅ If You Both Agree:
❌ If Your Neighbor Refuses:
Tip:
Instead of going to the law, if you want to eliminate the fence, try mediating first. A mediator whose objective can lead you to a sensible solution.
Step 5: The proper manner to remove a fence
If the fence only belongs to your property and you are entitled to remove the same, the following are the means to remove the same safely:
DIY Fence Removal Steps
- Get Necessary Permits
- Check for Underground Facilities
- Use Proper Tools
- Dispose of Materials Properly
Hiring Professionals
FAQs
Q: Can I pull down the fence from the neighboring plot in my area secretly?
Legally, no. Even if you are at home, giving notice prevents potential misunderstandings.
Q: How many feet from the border should a fence be?
It depends on the laws in the area. A few inches of setback in some, and others allow the fence along the boundary.
Q. Can I tear down the fence if the neighboring fence intrudes into my boundary?
Yes, but only in the proper manner. If the fence belongs to the neighbor and is situated in your territory, the fence counts as an encroachment, and you are entitled to remove the same. However, you should
Removing the fence by any other means could lead to legal problems, including trespassing and damage to the property.
Q: What if my neighbor built a fence without my permission?
If it intrudes on your property, you are entitled to demand to be removed or to initiate legal proceedings.
Q. What if the neighbor refuses to remove the fence from my property?
If your neighbor won’t pull back an encroaching fence, you could be forced to seek recourse through the law:
Some states also allow you to file a quiet title action, in which the law establishes title to the property and disposes of the unwanted buildings.
Q. How close to the boundary line can a fence be constructed?
Fence placement laws vary by location. In some localities:
To avoid conflict, research local ordinances, HOA by-laws, and city codes prior to building or making any modifications to a fence. You are able to get this info from your city’s website, county’s website, or by hiring a local surveyor.
Final Thoughts: Do It Right & Avoid the Courts
Dealing with the neighbor’s fence on your ground can be frustrating, but the solution lies in handling the issue in a cool, lawful, and professional manner.
Taking the appropriate course of action could end up saving you money, time, and trouble. It could possibly even strengthen your relationship with your neighbor, and not end up ruining it.
Additional Resources
For more information, check out these helpful resources:
