Most people have an ideal where there property line is and will make sure they keep their activities and building projects within their own property lines. But sometimes this doesn’t happen.
There are many reasons why this can be the case, from a neighbor needing extra space to a simple mistake. The question is what do you do when you find your neighbor has built over the property line.
Get A Survey
The first thing that needs to be done is to confirm that you are correct. This means getting a building surveyor to survey and report on your property. They’ll be able to advise if the boundary is where you think it is and whether your neighbor has built on your property.
Talk To Your Neighbor
The next step is to talk to your neighbor regarding your concern. If you are already on good terms this should be fairly easy to do. You can show them your survey to back up your facts. It may be as simple as the neighbor didn’t realize.
Of course if you don’t have a good relationship with your neighbor you may prefer to use the services of an intermediary. It is not always a good idea to go straight to the lawyers as this can quickly make the problem worse.
Your neighbor also has the right to undertake their own survey.
Solving The Issue
Identifying that the land they have built on is yours is not the end of the issue.
Your neighbor may voluntarily remove the part of his build that is on your land. However this may not be practical or possible. You’ll then be faced with a decision as to whether to leave the land as it is, ask your neighbor to pay you an easement or even sell them the small piece of land.
Taking it through legal channels is also an option but this is generally expensive and a long winded process. You need to consider how good your relationship is with your neighbor and whether it is worth the hassle of forcing them to tear their handiwork down.
The law will be on your side but this doesn’t mean you should take this step. You still have to live at the property and share a boundary with your neighbor.
It is worth noting that a boundary fence is the responsibility of both you and your neighbor. If you insist on it being moved you will have to pay at least half the cost and you may damage your relationship with your neighbor forever.
There are also instances where the neighbor can claim the land if he has been using it without issue for 15 years or more.
You can consult lawyers but if you speak to a few it’s probably something that you don’t want to do.
The best solution is to come to a mutually beneficial compromise by talking or through the services of an intermediary. That will keep everyone happy.
I purchased a church 15 years ago and I had to cut and keep clean about a 60×200 feet section of the property on one side of me because the property owners allowed it to grow up. There is a large number of Pine and Maple trees growing at the current edge where I have cut it back to. If I had allowed the trees to grow I would not be able to drive into our parking lot and the trees would be intruding on my property. Take into account as well the issues I would have with snakes, other wild life and insects. They recently surveyed the property and the property line is about 15 feet from my building. What can I do since I have been keeping this land clean the past 15 years. I am not sure what the cost would be if they would have to clear out this large section of land but now they are benefiting from my hard work in keeping it clean all this time. What can I do?
Good Article. Thank You for the info.. Sam I think maybe you should of found out the property line before deciding to clean it out. Maybe talked with your neighbor before doing what you did. Your neighbor most likely did the property line check because you where clearing on his property.
we put a fence a foot off our property line. new neighbor had his property surveyed. all was good. surveyor said we were right on with our boundary. now a year later neighbor says we have to move our fence it was on his property. should we get a survey before he builds on our property. we have tried to talk to him to no avail. he has pulled the markers out so we cant prove whats ours. i know this might sound silly but we need to maintain our fence and he refuses to let us on the outside to do so. thank you for the answer.