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Fence Wars Part 3: Can I force my neighbor to move a fence he built on my property?

The Fence Authority’s Fence Wars series has so far covered two potential conflicts that can arise amongst neighbors due to their fences. Part 1 explored what to do when your yard is surrounded by neighboring fences that conflict with your design goals, and Part 2 discussed how to decide who gets the “good side” if you split the cost of a dividing fence with your neighbor. In Part 3, we’ll answer this stirring question: Can you force your neighbor to move a fence he built on your property?

Neighbors encroaching on your property with their fence? Here's how to deal with it.When your neighbor puts up an unwanted fence on your property, this is one of the worst neighborly transgressions imaginable. After all, your space is your space, and if a neighbor’s fence falls within your property lines, it’s encroaching on additional yard space that is rightly yours. As hard as it may be, though, try to contain your rage and work through the conflict as calmly as possible.

Make sure the fence actually is on your property

There’s nothing worse than starting a conflict and then discovering you were the one in the wrong. Maybe that fence really isn’t on your property. To avoid embarrassment and negative feelings, do a little investigation before confronting your neighbor. You may be able to access your property’s plat online through your city or township’s website to see exactly where the boundaries of your yard fall. If your neighbor does not believe you when you bring up the issue, you can refer them to this document.There's nothing worse than having an unwanted fence on your property, especially if it's unsightly.

Possible complication: If the fence has been on your property for a significant period of time (20 or more years in PA), your neighbor may be able to claim adverse possession, meaning that portion of your property is now theirs.

Before you take it out on the fence, talk!

If you’ve been following this blog series, you may be tired of hearing it, but we can’t stress it enough: Talking is the best way to solve a conflict. Whether that fence was recently erected without your approval or has been a menace in your yard for years, your neighbor may turn out to be a lot more reasonable than you imagined. It’s entirely possible your neighbor had no idea their fence was on your property and that they’d immediately be sorry and willing to move it! Sadly, this is no guarantee, and not everyone is eager to move a fence, especially not a newly-installed fence. If you’re willing, you can offer to help with the moving process.

So, can you force your neighbor to move that fence?

Even if it's on your property, it's not a good idea to tear down your neighbor's fence without permission.Let’s say your neighbor is a bit uncompromising and won’t budge. Can you actually force them to move it? This is where it gets a bit complicated. One thing is for certain: you should avoid tearing it down without their consent. It may seem unfair, but this can result in legal trouble for you (and general bad blood). Whether or not you have any ability to force your neighbor to move their fence can vary from township to township. Seeking specialized legal counsel is likely to be your best bet.

Whatever you do, remain diplomatic about the situation. Want that invading fence to go away? Being polite will increase the chances that your neighbor is willing to compromise on a solution that satisfies you.

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  • kaye parr says:

    my neighbor put up a fence and it is right on my property line so if I want to put a fence up what do I do because his is right on my property line and I am not happy?

  • kaye parr says:

    neighbor put fence on my property line so if I want to put a fence up where do I put it? not happy

  • Frank says:

    If it is exactly on property line but not in your property you should be happy .
    If it is on ( inside )your property then is a different issue.

  • Margaret Stelma says:

    I have lived here for twenty five years. A fence was put up before I moved in. My neighbor has three dogs and decided to put up a fence to keep them in her yard. My fence runs east and west and her fence runs north and south. She put the fence in without consulting me. I don’t think she had a right to install her fence within my property line. Isn’t there a standard by law?

  • mc says:

    I have a very difficult neighbor while my wife and i were away the idiot put up a fence on our property I no because we just had a servey done There is no need talking to them cause they do not care

  • Jagger Reed says:

    If my Neghbors fence is on my property withought an encrochmengtagreement must he move it back off my property?

  • Linda says:

    Next door to me put up fence while we were away, we had survey done and it shows it right on the property line, it comes down the front of the yards and makes seeing around the front of my house difficult and it looks crazy….can i have it moved i live in Elyria Ohio

  • Teng says:

    Today, My neighbor put out a fence and was a little bit over the property line into my property. I really want them to move the fence back to their side. But they will be mad and hate us if I tell them. What should I do?

  • Dee says:

    I obtained the proper permit with surveys to install a 5 ft vinyl fencing along each side of my yard with a another home on one side and an empty lot on the other. I submitted the permit request to the zoning officer diagramed with the fencing 5 ft from property line. He called me and said that it was vinyl, not to waste property and put on the property line. It was installed by a professional. After the home was built in the lot next door (year later) I have been getting violation notices by the town to move my $8.000 cemented in fencing. I cannot locate the past zoning officer (was fired) to substantiate this authority. He did not initial the change. In despair! What do I do besides hiring a lawyer? Time for this new zoning officer to step down. Just wants fine money. Please give advice. Resident of PA

  • Chip Cheely says:

    I have a neighbor that wants to install a fence directly on the line. I am sure he is going to use cement in the holes, which means this will be on my side. Also, he is installing the fence on an easement from the electric company. We have always used half of this easement for walking and such. This easement is for 20 feet. I have already cut his string down and told him no. he called the cops which told him they have nothing to do with it. Advice?

  • Gene says:

    It’s a good fence, but 100 feet of it was built on my property line in about 2001. I moved in in 2004, and the existing neighbors told me about it. I saw no point in having the fence torn down because it is a few inches on my side of the property line. Now the fence is getting old. If replaced, can I force the newer neighbor to build on the proper line?

  • Vanja says:

    We have a wooden privacy fence up and it was pulled into our yard enough so we can pass with the lawnmower so our propert goes out beyond out fence it was like that when we bought the house now our new neighbors went and not only connected a metal fence to our fence but put a Metal fence right up against our our fence for no reason . What should we do? If we have repairs to do to our fence we can’t be they litterly placed the fence touching ours without even talking to us

  • Arlene S. says:

    I want to know how close a person can put a fence next to a house? The property line is inches away from my house. Is there a certain type of fence that could be put that close?

  • Carole Stauffer says:

    Our neighbors have been leaning over our fence and hacking at our loverly vines. I was told that our fence was built 3 foot inside our property line How can I keep these awful people from hacking our vines over the fence.

  • helga K says:

    there are many questions here given and I had hopped to find a similar situation and an answer. I have same situation neighbour put up fence, started out backalley on my property , going after towards the real property line screwed up by over 10 ” into my yard . horrible work of all and it is falling over in to my yard. They are storing junk against the fence which is pushing it down. What right does one have?

  • Doug Leber says:

    Our neighbor put a new fence and new driveway, the fence is directly at the property line, and i have from my side mirrors 2 cm of space to back my car up.
    I had a inspector out and she os allowed to have it right there.
    Could i sue for damages to my car when i back in. And i also have a handicap son? Any law protect us?

  • ilse says:

    my neighbour hungup flystrips onto my Fence in back off my property. i have an arbovites hedge there which he also sprays with herbesides, killing my trees. my Fence line is inside my property. i am a senior sitizen. any suggestions.

  • Roger says:

    When our fence was built, no one owned the lot next door. We paid for the entire cost of the fence because we had a pool and by law had to have our yard fenced off before the pool could be filled with water. We could not wait for someone to buy the lot next door. I asked to fence contractor to ensure the fence was entirely on our property by 2 – 3 feet. Does this still make it a good neighbor fence? Our neighbor has been harassing, vandalizing our property and stalking us for many years now. He maintains it is his fence and the 2 – 3 feet are his property even though we are the ones paying property taxes on it.

  • Faye says:

    I lived in my house for 21 years. I’ve gotten a new neighbor on the right side and the rear over the past 2 years. The neighbor on the right did not have a fence around their house and attached a section of fence to my fence to close all the left side of their house. The neighbor in the rear arbitrarily had the fence post moved to line up with my corner posts then subsequently attached all fencing to face his side of the post. Now it appears that the rear fence is on my side of the property line and I have lost the use of several feet of my property. He also went so far as to dig underneath the fence to to line up the Landscaping with the post. What do I do when I have to do maintenance to my corner fence posts since both neighbors have attached fencing without asking if it was okay. And what do I do about my lost square footage?

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