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What can happen if my fence encroaches on my neighbor?

QUESTION:

My neighbor says I was supposed to get a permit for building a fence on my property. He thinks I may have built it on his property. If that’s true, can I make him pay me for it?

ANSWER:

If it turns out to be true that you built your fence on your neighbor’s land, it is possible that he can make you move the fence at your expense plus require you to pay for other monetary damages resulting from your fence being wrongfully located on his property. If the fence violates building and zoning laws, there could also be fines imposed or you could even be ordered to remove the violating fence.

However, if the fence has been there for a long enough time with your neighbor’s consent, then you may have acquired some rights to leave the fence where it is. This right, of course, would be subject to any governmental rights or restrictions concerning the fence.

Obtain a boundary survey of your property to determine the location of the fence, and check with the city or county building and zoning department to determine whether the fence meets their requirements.

If the fence is on your neighbor’s property and you only recently installed it, then you most likely will need to cooperate in carrying out his desire to move the fence. If the fence is only slightly over the line, perhaps he would agree to give you an easement to allow the encroachment.

If the fence has been there for over seven years and you meet all other legal requirements, you may have already acquired a right to leave the fence there.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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