Can I Remove My Neighbor’s Fence on My Property?
Finding a fence that crosses your property line can be frustrating. We’ve seen this situation many times while installing fences throughout Tampa and surrounding areas.
Property line disputes between neighbors are actually pretty common, but there are clear legal guidelines that determine what you can (and can’t) do about it.
Let’s get right to the answer.
The Short Answer
No, you typically cannot legally remove a fence on your property without proper procedure, even if survey results show it’s clearly on your land. Removing it without following legal steps could lead to serious legal consequences.
Understanding Property Boundaries and Fence Ownership
Property boundaries might seem straightforward, but they can get messy fast. A fence that’s been in place for years might not actually follow the true property line.
Who owns the fence? Generally, the person who built and paid for the fence owns it. But this gets complicated when the fence sits on or near a property line.
The first step is always to know exactly where your property boundaries are. This means getting a professional land survey done.
Key Steps Before Taking Any Action
- Get a property survey – This will establish the actual boundary lines. Surveys typically cost between $300-$800 depending on your property size and location.
- Review your deed – Check for any easements or agreements that might affect property boundaries.
- Check local zoning laws – Each municipality has different regulations about fences.
- Document everything – Take photos and keep records of all communications with your neighbor.
Legal Considerations
Adverse Possession
One tricky legal concept is adverse possession. In Florida, if someone openly uses a portion of your property for a certain period (usually 7 years), they might gain legal rights to it.
This means that if your neighbor’s fence has been on your property for years without objection, they might have legal claim to that land. That’s why it’s important to address boundary issues promptly.
Encroachment Laws
When a structure like a fence crosses onto your property, it’s called an encroachment. You have several options:
- Neighbor agreement – The simplest solution is talking with your neighbor and reaching a mutual agreement.
- Demand removal – You can formally request they remove the encroaching fence.
- Legal action – If necessary, you can file a lawsuit for the removal of the fence and possibly damages.
Proper Steps to Address a Neighbor’s Fence on Your Property
- Talk to your neighbor first – A friendly conversation might resolve the issue without conflict.
- Send a formal letter – If talking doesn’t work, send a written request with survey results enclosed.
- Offer compromise solutions – Maybe you can share costs for a new fence on the correct boundary line.
- Seek mediation – A neutral third party can help reach a resolution without court.
- Consult an attorney – According to a study by FindLaw, property disputes make up nearly 17% of neighbor conflicts that lead to legal action.
- File a legal action – This should be your last resort after other methods fail.
Common Mistakes to Avoid
Don’t remove or modify the fence yourself without legal permission. This could result in:
- Trespassing charges
- Property damage claims
- Escalation of the dispute
- Legal fees much higher than the cost of proper resolution
When It’s Time for a New Fence
After resolving boundary disputes through proper legal channels, many homeowners decide to install a new fence on the correct property line.
When that time comes, working with experienced professionals ensures your new fence is properly installed exactly where it should be. A professional fence installation also helps prevent future disputes by respecting established property lines.
Final Thoughts
Fence disputes with neighbors are tough. We always recommend trying amicable solutions first before taking legal action. Most problems can be resolved with good communication and compromise.
Remember that maintaining good relationships with neighbors usually outweighs the value of small portions of land. But you also have the right to protect your property boundaries when necessary.
If you need help with property line assessments or installing a new fence at the correct boundary, feel free to contact us for guidance specific to your situation.
