What to do if neighbor's fence is on your property


What are your options if your neighbor's fence is on your property? Watch as Attorney Tom Olsen answers this question and more! 


Steve: I purchased a home in '98, the neighbor's fence was on my property. He took the pickets down three years ago, and replaced the pickets with chicken wire leaving the post. Can I use my 1998 survey to have him remove his fence?

Attorney Tom Olsen: Yes. The bottom line is, is that if that fence is sitting on your property, it is your fence even if your neighbor installed it. So the neighborly thing to do would be to contact your neighbor and say, "Look, your fence is on my property. Here's a copy of my survey to prove it. I'm going to give you 10 days to remove it. If you don't remove it, I'm going to remove it for you." Okay? So part of what I'm saying, Steve, is that sometimes surveyors make mistake [sic]. Your neighbor might come over and say, "Look, here's my survey, and it shows that the fence is on my property." So you may have to get surveyors to work it out. But Steve, if that fence is truly sitting on your property, even though your neighbor installed it, it is your fence to do with as you please. Does that make sense?

Steve: Yes, it does. Thank you very much.

Attorney Tom Olsen: You're very welcome.