What to do if my neighbor put a fence up on my property and even though we had a survey, he came over 20 ft and says it’s his property?

The stakes the survey company put down is beyond the fence that he claim is his. What can we do? This neighbor is ruthless.

Asked on September 15, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you believe that the neighbor has put a fence on your property, your recourse is to sue him. In a lawsuit, you can get a court order requiring him to remove the fence and possibly monetary compensation as well. He can try to prove that the land is his, but you'll be able to present you own evidence, such as the survey. You should consult with a real estate attorney about bringing a lawsuit.


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