What do you do when a very rude neighbor builds his fence on your property?

Question

My neighbor is an idiot. He lives right next door. If we pull out of our drive ways at the same time he acts like it's a Nascar race. He recently called our local dept of economic development on us because the backboard of our basketball goal was broken and lied to them saying that glass was everywhere. It's 1/8" plexiglass and none was on the ground. I removed the remaining backboard and replaced it with a sign that says "IDIOT" and pointed it at his house. Now, I want his fence off my property. Can I just destroy the section of his fence that is on my property? Can I paint it rainbow colors? Any advice would be useful. The same agency he reported me to refuses to do anything about it.

Answer 1

First thing that most people forget.... you will probably living at your current residence for at least a few more years as will your neighbor. This statement of fact should be at the foremost of your decision making as you go forward. That being said...

You should be able to locate the buried survey rods in the ground that designate the corners of your lot. If you cannont find them, have a survey done so that the proper boundries can be identified.

Once the corners or identified by the survey rods or a new survey, place a wooden stake at each corner. Then look straight down between the stakes to confirm the fence is on your property.

If the fence is on your property you have the upper hand and you should procede in a methodical professional manner. Ask him KINDLY to move it so that it fully resides on his property. Do not get irate, angry, mad, rude or anything else, keep it professional and business like. If he disagrees with the location of the fence, point out the stakes/survey marketer. If he get's rude... just walk away, remember, you have the upper hand. Argueing, fighting, calling each other names will resolve nothing but make it more difficult for you to accomplish what you want.

If the fence is on your property and he refuses to move it. Pen a professional styled letter that includes a copy of the survey (new or original when you bought the home) and state that you want to fence removed within 30 days. Send this letter to him via certified mail. If he refuses receipt you will get the letter back, DO NOT OPEN THE ENVELOPE. At the end of 15 days send a second certified letter requesting he remove the fence within 15 days. If he refuses receipt you will get the 2nd letter back, DO NOT OPEN THE ENVELOPE. Keep all certified letter receipts and returned letters.

At the end of the 15days, using a chalk line, mark where the fence crosses onto your property. Post a 'notice' on the fence at that point stating that the section designed will be removed on a specific date that is 5 days or so away.

Previous to the date specified, contact your local sherrif/constable and explain that you will be removing the fence and your neighbor has not been cooperative and you suspect he may try to prevent the removal. This will put them on notice so they can 'swing by' during the removal process or at least be in the area when you do start the removal process.

If the neighbor tries to prevent you from removing the fence, just go inside your home and call the authorities. When they arrive show them the ceritified letters, the removal notice, survey, etc. They will then allow you to remove the fence and will convince your neighbor to either watch or go to jail.

It's a long process.. I know... but keep in the mind that first statement! Also, by having the survey rods marked the neighbor cannot argue the fence is over the line. He can argue however that the survey rods are not correct and then you'll be forced to have a new survey done to insure that you are correct. Surveys could cost you around $350 to $400.

Hope this helps and good luck.

Oh.. I'm not sure what state you are in, but in Texas, if someone builds a fence that crosses the property line and the owner of the adjance property is aware that it is over the line and doesn't do anything about it for a specified period (5 years I think) then the property line is shifted to where the fence is. So... you should insure that the fence is located where it should be.

Answer 2

I think you can call the courthouse and have your property lines assessed. They, or a privately owned company, would come out and assess your property lines and stake them to show where your property lines actually lie. Then I think you would be able to contact an attorney, the police, or someone and have the fence removed. Don't tear anything down because that's distruction of someone else's property whether it's on your property or not, he might be able to sue you then for replacement. We had our property lines assessed when we put up our vinyl fence. The neighbors thought the old wooden fence was six inches on their property, but it was actually eight inches on ours. They fussed so we did something about it. Be proactive! You could also plant privacy trees to keep his nose out of your business. Hope this helps.

Answer 3

If you are quite sure (and are prepared to prove it) that the fence is completely on your property, then you are entitled to remove it provided you have given him a reasonable opportunity to move it himself.

However, the fence itself is his property, so you must exercise every care not to damage it as far as possible and you should put every single piece of wood, nail, screw ... whatever ... back onto his property. Also, enlist an independent witness, if you can, who will be prepared to back you up in court.

If your neighbour then tries to sue you, you will win and may be able to make a counter-claim for damages and labour involved in moving the fence.

Answer 4

If you allow that fence to remain for a long period of time, your property boundary will "shrink". He will own whatever "inches" or "feet" that he encroached onto your property.

If you attempt to sell, your title search and boundaries will be challenged.

You should have a survey done. It may cost a few hundred dollars, you will save much more at a later date.

If it is truly on your property, it belongs to you, but anything you do, as you suggest, can be challenged by him. Then you will still need a survey.

Good luck.

Answer 5

If it's on ur property, I believe u can do whatever u want. When I lived at home w/ my parents, we had this neighbor that had a huge bush that grew over into our yard over our pool and all the leaves would fall in our pool. My dad got so fed up, he cut off anything that was haning over the fence onto our property.

Answer 6

DO NOT TOUCH HIS FENCE!!!!!!

When was the fence put up? If not recent, your negligence may have given him this area of your property. Check the survey to make sure it is truly on your property. Go to your county clerks office and find out what you can do legally without paying to obtain a lawyer.

Answer 7

You should see what he absolutly hates and get figures of them and put them on the top of the fence and paint them on; The state something or rather hated this store called image and the cows even more so one day decided we'd get a fence and paint it with cows and mini cows along the outside of it. We never got that fence but the guy found out and moved to a new house on the other side of town, lol!
So yeah, Do that
good luck w/ ur annoying neigbour!

Answer 8

Sounds like a whole lot of love in your neighborhood.

If you really want to perpetuate the fight, small claims is your best bet. I think, however, your sign will cause issues with the judge. I am sure your neighbor will bring pictures.

Maybe you should pass an olive branch or move.

Answer 9

I would think you can do whatever you want with your property. But make sure it's yours. You can probably get something from the city that shows where on persons' land starts and ends.

Answer 10

As long as the fence is on your property and you can prove it is your property then you own the fence and can do with it as you wish.