I Live in Texas: Can I Remove the Neighbor’s Fence That’s on My Property by a Few Feet?

If you live in Texas and discover that your neighbor's fence encroaches onto your property line, you may be wondering about your legal options. Texas law generally allows property owners to remove any structure that is located on their land without permission, even if it belongs to their neighbor.

Determining the Property Line

It's crucial to accurately determine the property line before taking any action. You can do this by checking your property survey or contacting a professional surveyor. If the fence is indeed encroaching onto your property, you can proceed with the following steps:

Communicating with Your Neighbor

Before removing the fence, it's advisable to notify your neighbor and provide them with a reasonable timeframe to relocate it. This can help avoid potential conflicts and foster a positive relationship.

Sending a Notice

If your neighbor does not respond or refuses to remove the fence, you can send them a formal notice in writing. This notice should state that the fence is encroaching on your property and provide a deadline for its removal.

Legal Action

As a last resort, you may consider legal action if the fence remains on your property after the deadline. A lawyer can help you file a lawsuit to compel your neighbor to remove the encroachment.

Relevant Questions and Answers

  • Can I remove a fence that is partially on my property in Texas? Yes, Texas law generally allows property owners to remove encroachments on their land.
  • What should I do if my neighbor won't remove the fence? Notify them in writing and provide a reasonable timeframe. If they fail to comply, consider legal action.
  • Who is responsible for the cost of removing the encroachment? In most cases, the encroaching neighbor is responsible for the removal costs.
  • Can I build a fence on my property line in Texas? Yes, but ensure it does not encroach onto your neighbor's land.
  • What are the penalties for encroaching on someone's property in Texas? Penalties can include fines and injunctions ordering the removal of the encroachment.

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