If a survey confirms your neighbor’s fence sits on your property, you have legal rights as the landowner. You can ask your neighbor to move the fence, negotiate a boundary agreement, or take legal action if needed. The right first step is to stay calm, get your survey results in writing, and talk to your neighbor directly before involving attorneys or courts.
Finding Out the Fence Is on Your Property
Discovering that your neighbor’s fence crosses your property line can be a stressful moment. Maybe you ordered a survey before a renovation. Maybe you noticed the fence looked a little too far into your yard. Either way, a licensed land surveyor has now confirmed it in writing.
This situation is more common than most people think. Old fences in Pennsylvania are often placed based on guesses, handshake agreements, or outdated deed descriptions. A neighbor’s fence on your property does not have to turn into a war. But it does need to be handled the right way.
What the Survey Document Means for You
A signed and sealed survey from a licensed Professional Land Surveyor (PLS) is a legal document. It shows where your property boundary is with precision. This document is your most important tool if the encroachment leads to a dispute.
Before you do anything else, make sure you have a physical and digital copy of your survey. Keep it somewhere safe. This document is what gives you legal standing.
The survey will show:
- The exact location of your property lines
- Where the fence is positioned relative to those lines
- How many inches or feet the fence crosses onto your land
- Any existing easements or rights-of-way that may affect the situation
Step 1: Talk to Your Neighbor First
This step feels uncomfortable for a lot of people. But it is almost always the right move before anything else.
Your neighbor may not know the fence is in the wrong place. Many fences were installed decades ago by previous owners. The current owner may have inherited the problem without ever realizing it.
When you approach the conversation:
- Be calm and factual, not accusatory
- Bring a copy of your survey to show clearly where the line falls
- Give your neighbor time to look it over and respond
- Suggest a follow-up conversation rather than demanding an immediate answer
Most encroachment situations are resolved at this stage. A neighbor who sees the survey evidence and understands the issue will usually work with you to fix it.
Step 2: Put the Agreement in Writing
If your neighbor agrees to move the fence, do not rely on a verbal promise. A written agreement signed by both parties protects you both. It should include:
- A clear description of the encroachment
- The agreed-upon solution (fence removal, relocation, or easement)
- A timeline for when the work will be done
- Both parties’ signatures
If you want extra protection, have a real estate attorney review the agreement before you sign. This is especially important if the encroachment affects a large portion of your land.
What If Your Neighbor Refuses to Act?
This is where things get more complicated. If your neighbor denies the problem or refuses to move the fence, you have a few options.
Option 1: Formal Demand Letter. A real estate attorney can send a formal demand letter on your behalf. This letter references your survey, states the legal basis for your claim, and requests action within a specific timeframe. It often resolves the issue without going to court.
Option 2: Boundary Line Agreement. In some cases, both parties agree to adjust the recorded boundary line rather than move the fence. This is called a boundary line agreement or lot line adjustment. It must be filed with the county recorder’s office and documented by a licensed surveyor. This option works well when the encroachment is small and both neighbors prefer to avoid conflict.
Option 3: Prescriptive Easement. Here is something many homeowners do not know: if a fence has been sitting on your property for 21 years or more without your objection, your neighbor may have a legal claim to that strip of land under adverse possession law. This is a complex legal area. If the fence has been there for a long time, talk to a real estate attorney before taking any steps.
Option 4: Court Action. If all else fails, you can file a civil lawsuit to force removal of the fence and seek damages. This is the most expensive and time-consuming option. Most people prefer to exhaust all other options first.
How Long Does It Take to Resolve?
Resolution timelines vary widely depending on how cooperative your neighbor is.
| Resolution Path | Typical Timeline |
| Neighbor agrees and moves fence | 2 to 8 weeks |
| Boundary line agreement with attorney | 1 to 3 months |
| Formal demand letter process | 1 to 2 months |
| Court action (if required) | 6 months to 2 years |
The faster both parties communicate and cooperate, the faster the issue gets resolved.
How This Affects Your Property Value and Title
An unresolved encroachment is not just a neighborly disagreement. It can affect your ability to sell your home. When you sell a property, title companies search for exactly these kinds of issues. A fence sitting on your land without a legal agreement on file can delay or even kill a real estate transaction.
If you are buying a property and a survey reveals an encroachment, it is critical to address it before closing. See Why a Boundary Survey Is Critical Before Buying Land for more on this.
How to Protect Yourself Going Forward
Once the encroachment is resolved, take a few steps to protect yourself in the future:
- Make sure the resolution is recorded with your county recorder’s office
- Keep a copy of your survey with your deed and home documents
- If your property corners are marked with iron pins, check that they remain visible
- Consider having your boundary confirmed again if any major construction happens near your property line
Frequently Asked Questions
Can I remove my neighbor’s fence myself if it is on my property?
No. Removing the fence yourself without legal authorization can expose you to liability. Always pursue the proper legal steps first.
Does my neighbor have to pay to move their fence?
In most cases, yes. If your survey shows a clear encroachment, the cost of relocating the fence is generally the responsibility of the fence owner.
What if the fence has been there for over 21 years?
Pennsylvania’s adverse possession law may give your neighbor a legal claim to that land. Speak with a real estate attorney right away before taking any action.
Do I need to hire an attorney?
Not always. If your neighbor cooperates, you may be able to resolve the situation with a written agreement. If the dispute escalates, an attorney becomes important.
Will my homeowner’s insurance help with this?
Generally, no. Boundary disputes are considered legal matters, not insurable events. Some legal expense policies may offer limited coverage.
