Can You Remove a Neighbor's Fence on Your Property? Legal Experts Weigh In

Good fences make good neighbors—unless your neighbor has theirs on your property. “Homeowners often don’t realize that fence disputes aren't just about the fence—they’re about property rights,” says Jonathan White, managing partner at Jordan & White, LLC. “If an encroachment is left alone long enough, it can create legal ambiguity about the boundary line.” 

So how can you avoid these conundrums? Here, our experts break down how to determine your property line, effective communication strategies, and whether or not you can remove your neighbor’s fence.

How to Know If a Fence Is on Your Property

“A fence is on your property if it doesn’t exactly straddle the property line,” says Johana Williams, regional manager at Utopia Management. “That is the legal boundary that separates your property and your neighbor’s.” 

There are several steps that will help you determine the legal boundaries of your property. The first is personal research.

“Obtain a copy of the deed and a copy of your plot plan from when the home was purchased,” says Rick Payne, chief legal officer at Boston real estate law firm Ligris + Associates. “If you don't have those documents, you could contact the attorney who handled the closing when the property was purchased to see if they retained the records."

If the attorney doesn't have the records or they are not available, then a copy of your deed can always be obtained online, as it's a matter of public record. 

“Once you have this information, you can walk your property lines to see if you're able to locate any property line markers—such as iron pipes, stone monuments, drill holes, or wooden stakes,” Payne says. “But even if you have all of the paperwork and are able to locate property line markers, such information is not indisputable and would not be sufficient evidence in any litigation to determine the actual boundary line.”

The second step is to hire a licensed and insured land surveyor to conduct an instrument survey of your property. This can provide the exact location of the fence in relation to your property line. 

“There are a few different types of surveys the surveyor may suggest, depending on if you're just looking for the precise location of the fence or if you would like the exact layout of all boundaries on your property,” Payne says. “An instrument survey would also show any easements or rights of way within or around the property that may have given the neighbor rights to build a fence on your property."

Understanding Adverse Possession

A survey is a great place to start—but it is not necessarily the end of the query.

“The property owner needs to consider the possibility that the property line has been moved through adverse possession,” says Robert Pennell of The Law Offices of Robert Grant Pennell, LLC. “This is a legal concept that applies when someone other than the owner has ‘openly and notoriously’ possessed (or used) the property for the requisite period of time. If the requirements for adverse possession have been met, then the property has been acquired by the adverse possessor, regardless of what the survey says.” 

A misplaced fence is ripe for an adverse possession claim, says Pennell, because it clearly meets the open and notorious requirement.

“If I install a fence around my yard that extends into my neighbor's yard, I am openly and notoriously adversely possessing that portion of their yard,” he says. “If the fence remains for the required period, I will then own that portion of their yard, regardless of what any survey says. In Missouri, where I practice, the requisite time period to acquire ownership via adverse possession is 10 years.” 

Therefore, if a fence has existed in a given location for the requisite time period, then the property line is deemed to have moved to include whatever portion of property was closed off to the neighbor by the fence. “It also doesn't matter if there have been different owners of the property,” Pennell says. “What matters is how long the fence has encroached on the neighbor's property.” 

How to Speak to Your Neighbor

Even the most amicable, neighbor-friendly relationships can turn sideways and escalate into something adversarial when it comes to land—or zoning issues in boundary line disputes. “Therefore, it would be wise to consult with a real estate attorney prior to approaching your neighbor, or even before making the decision to have a survey completed,” says Payne.   

An experienced real estate attorney will explain the legal significance of the information you have compiled—either on your own or through a survey. They will then conduct additional research and assist you in determining the next best steps in approaching your neighbor. 

“Depending on the status of the current relationship with the neighbor, the attorney may advise you to approach them in person and have a friendly conversation without demands, threats, or accusations to see where your neighbor stands on the ownership or location of the fence,” Payne says.

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“They might tell you to draft a personal letter with the documentation, as this is less adversarial than having the attorney draft the letter. Or, they may have the attorney draft the letter advising the neighbor as to your position on the matter, and what your ultimate goal is.”  

When Can You Remove a Neighbor’s Fence? 

You can remove a neighbor’s fence from your property only if you have their permission—and Payne suggests getting that permission in writing. “Otherwise, you cannot ‘self-help’ and remove your neighbor’s fence from your property,” he says. “Even if the fence is determined to be on your property, you shouldn't remove that fence without a court order.”  

There are very narrow circumstances in which a court may be willing to allow self-removal.

“But the remover must prove in court that the fence is clearly on your land, the neighbor has been formally and legally notified of the encroachment, the fence owner has failed to act within a reasonable period of time after receipt of notice, and the neighbor has no claim for adverse possession of the land the fence sits on,” Payne says. “Judges typically don't approve of unilateral action in legal disputes that should be resolved by the court—even if you are ultimately correct on the dispute.”

Another potential repercussion: Removal of the fence without agreement or a court order could subject the person who removed the fence to civil and possibly criminal liability for property damage, conversion (which is unauthorized control over or taking of another’s property), trespassing, and even harassment.

“Self-help is not worth the risk,” Payne warns, “and could subject the remover to fines, damages, and penalties in excess of the total cost involved.”

How to Remove It 

The best and safest way to remove a fence that is on your property is to treat the removal as a two-step process, Payne says. “First, the legal process to obtain the authority,” he says, “and then the actual physical removal of the fence from your property.”

The easiest way to resolve the issue is for both parties to have the fence relocated to the exact location of the property line. “This will save you and future owners a lot of headaches, but it will require some upfront cost,” Williams says. “If you resolve this matter with your neighbor amicably from the very beginning, there’s a good chance they might agree to a cost-sharing arrangement.” 

Physically taking down the fence yourself should be the last resort—and only after you’ve confirmed the legal right to do so. “Some homeowners choose to hire a licensed contractor so the removal is documented and avoids damage to other structures,” White says.

Pennell would never just go out and remove a fence—whether or not he was legally permitted to do so. “There can be liability associated with removing a fence,” he says. “For example, if you remove a section of fence enclosing livestock, you may find yourself liable for damages sustained in a motor vehicle accident caused by the livestock getting loose.”

The Bottom Line 

Consult with an experienced real estate attorney to help resolve the matter from a position of strength to obtain the desired outcome legally.  “Even the most amicable relationships break down in disputes over land and money,” says Payne. 

Get a survey, talk to your neighbor, and document everything before touching the fence. “It protects you legally and preserves goodwill in the neighborhood,” White says, “which is almost always worth the extra step.”