Encroachment

[jkw121554]

What is the name of your state (only U.S. law)? Texas, I have had a next door neighbor place a fence about 8' over the property line onto my property. This happen several years ago. I made the neighbor aware at the time and they said they had proof contrary to my opinion. I am now ready to sell this property and I want the fence removed without occuring any expense.

 

[AlmostALawyer]

What is the name of your state (only U.S. law)? Texas, I have had a next door neighbor place a fence about 8' over the property line onto my property. This happen several years ago. I made the neighbor aware at the time and they said they had proof contrary to my opinion. I am now ready to sell this property and I want the fence removed without occuring any expense.

If you honestly believe someone has improperly placed a fence on your property, then take it down. However, you might want to make sure you're 100% correct in your belief by looking at a survey or having a survey done of your property. Further, you might want to make sure the statutory time period for adverse possession hasn't elapsed.

 

[NC Aggie]

What is your belief that this fence is 8 feet within your property boundary...a survey? If you're sure your neighbor has encroached onto your property, you should send them a certified letter asking them to remove the fence within a specified time period. If they fail to do so, only then should you remove it yourself. As the other poster indicated, you should confirm that the required time period for adverse possession in your state hasn't passed because your neighbor may then have a legal right to the strip of land that is being disputed.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas, I have had a next door neighbor place a fence about 8' over the property line onto my property. This happen several years ago. I made the neighbor aware at the time and they said they had proof contrary to my opinion. I am now ready to sell this property and I want the fence removed without occuring any expense.

**A: order a boundary/encroachment survey then when you get the results, post back.