UPDATED: Jun 27, 2018

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What is the procedure when someone has
build a fence on your property? I just
got survey.

Asked on June 27, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they will not remove the fence voluntarily, you can bring a legal action (lawsuit) and seek a court order compelling them to remove it and/or requiring them to pay the cost of removal. In the course of the legal action, you'll have to prove the borders/boundaries of your land, such as by the survey; note that you'll need the surveyor(s) to testify in court, since under court and evidence rules, live witness testimony is necessary for this--the court will not accept the survey by itself. You will (presumably) have to pay the surveyor for his time, since they are under no obligation to testify for you for free.
On the court proceeding, your neighbor can present his/her evidence to the contrary, such as if they have a survey or deed showing different boundaries. The court will decide where the boundary is, and so if the fence has to go.

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 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.

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