Ask an Attorney – I think my neighbor built his fence on my property.  What can I do?

First you should determine whether the fence actually does encroach onto your property.  You can hire a licensed surveyor to make this determination.  If you find that your neighbor has in fact built his fence on your property, you have three options:  (1) you can kindly ask your neighbor to move his fence; (2) you may be able to force your neighbor to remove the portion of the fence that encroaches on your property by filing a lawsuit; or (3) you can grant your neighbor an easement that will allow him (and potentially future owners) to continue to use that portion of property for a fence.  Easements will typically contain language requiring your neighbor to maintain the fence and easement in good condition.  Of course, if you determine that your neighbor’s fence, driveway, or any other permanent structure is encroaching onto your property, you should consult with an attorney before proceeding.