Published on December 8, 2024

Discovering that your neighbor has built a fence that encroaches onto your property is frustrating and potentially legally significant. In Texas, property lines are protected by law, and a boundary encroachment—whether intentional or accidental—can impact your land’s value, your use of the property, and even your legal rights. Here’s what you should do if you find yourself in this situation.

1. Confirm the Property Line

The first step is to make sure that the fence actually crosses your property line. Property boundaries are not always obvious, and even longstanding fences may not align with legal boundaries. To be certain, review your property’s deed and commission a professional land survey.

Tip: A surveyor’s report is essential documentation if legal action becomes necessary. It provides objective proof of your property line as recorded in public records.

2. Talk to Your Neighbor

Many fence disputes can be resolved amicably. Approach your neighbor calmly and share the survey results. Sometimes, the encroachment is accidental and can be corrected without conflict. If they agree, you may be able to relocate or modify the fence by mutual agreement.

3. Send a Formal Demand Letter

If informal discussions don’t work, the next step is to send a formal written demand. This letter should:

  • Identify the encroachment
  • Include evidence (such as survey results)
  • Request removal or relocation of the fence within a reasonable timeframe
  • Note that legal action may follow if the issue isn’t resolved

This is often a necessary precursor to a lawsuit and can sometimes prompt action.

4. Understand Your Legal Remedies

Texas law offers several remedies for fence encroachments:

  • Injunctive Relief: You can ask a court to order the neighbor to remove the fence.
  • Damages: You may be entitled to compensation for loss of use or diminution in value.
  • Declaratory Judgment: This is a court ruling that formally declares the property line and your rights to it.

In some cases, if the fence has been in place for many years and the property owner took no action, your neighbor might claim a right under doctrines like adverse possession or boundary by acquiescence. However, these are difficult to prove and require very specific evidence under Texas law.

5. Consider Mediation Before Litigation

Many Texas counties offer low-cost or free mediation services that can help you resolve the matter without the expense of a full lawsuit. Mediation is often a quicker and less adversarial option, especially between neighbors who must continue living near each other.

6. When to Sue Over a Fence Encroachment

If informal discussions, letters, and mediation fail, and your neighbor refuses to remove the fence, a lawsuit may be necessary. A Texas real estate litigation attorney can help you file suit for trespass, ejectment, or declaratory judgment. These actions can lead to removal of the fence and compensation for any harm done.

7. Don’t Wait Too Long

Delaying action on a known encroachment can weaken your position. In Texas, certain legal doctrines may allow a neighbor to claim your land if they’ve used it openly and continuously for a number of years without objection. Acting promptly protects your property rights.

8. Call Guerra Days Law Group

At Guerra Days Law Group, we help Texas property owners resolve fence encroachments, boundary disputes, and adverse possession claims. We’ll evaluate your case, advise you on strategy, and take legal action if necessary to protect what’s yours.

Don’t let an encroaching fence go unchallenged. Know your rights and act quickly.