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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.