My neighbor’s fence is over the property line.

I signed a statement allowing my neighbor to attach to my fence. I did not know at the time that I signed the statement that my fence was 6″ inside my property line. My neighbor’s fence is now, in most parts, 6″ inside my property line. What can I do to ensure that I retain ownership of my land inside his fence.

Asked on June 16, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that it's very important for you to have an attorney in your area review the statement you signed.  There's no way to tell, without reading it all the way through, word for word, exactly what it means and whether it will hold up in court, and the differences in the law on the subject might well matter in that reading.  One place to find the lawyer you need is our website, http://attorneypages.com

It might very well turn out that the statement itself protects you.  The very fact that your neighbor got the statement acknowledges your property rights, and you can't lose the ownership of the land over time if his fence is there with your permission, only if you haven't given permission but do nothing about it, in most states.


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