Neighbor has 30 days to move his fence after resident discovers it's 2 feet over the property line: 'This is turning into a whole legal battle over 2 feet of property'

Author image for Ben Weiss
Ben Weiss • Writer and Editor
Feb 4, 2026 4:00 PM EST

Some neighbors think they can intimidate others into getting what they want, but this guy did not know who he was dealing with.

This neighborhood curmudgeon built a fence five years ago when a previous owner was living in the house next door. Recently, the new homeowner had his property surveyed for other reasons. However, he then discovered that this fence was actually two feet over the property line. 

When he brought up this issue with the disgruntled fellow next door, he was likely expecting an apology and a plan to have the fence taken down and rebuilt within the proper boundaries. Sure, it would be a pain to redo, but the resident was well within his rights to address the situation. 

However, let's just say that the author did not exactly get the response he had anticipated. Instead, the curmudgeon refused to do anything about it. What ultimately transpired was a fully drawn-out legal battle between the two next-door neighbors. This meant that the author had to pay a ton of legal fees to support his case, even though he was destined to be favored in court. Still, the curmudgeon likely expected that his intimidation tactics would convince the author to back down and accept the fence not being taken down. Thankfully, the author did not relent.

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  • One of the more amusing aspects of this story is the fact that throughout the workings of this legal battle, the guy next door had the audacity to smile and wave at the author each time they saw each other. 

    Clearly, that behavior in and of itself was another intimidation tactic intended to confound the author. It takes a certain kind of person to be ruthless behind closed doors while forcing performative smiles in public. In other words, this man was not to be trusted, and the only way to get him to stop this behavior would be to see the case through to the finish line. 

    Keep scrolling below for the full story and for the best reactions from several members of this online community!

  • Pink-petaled flowers bloom near a white picket fence.
    via Randy Fath

    Image is representative only and does not depict the actual subjects of the story.

  • "Neighbor put up a fence that's 2 feet onto my property and refuses to move it"

    I had my property surveyed last month for unrelated reasons. The survey showed that my neighbor's fence is 2 feet onto my property.
    via Bitter_Wealth_5445
  • The fence has been there for about 5 years - it was there when I moved in 3 years ago.
    via Bitter_Wealth_5445
  • I always assumed it was on the property line. It's not. I showed my neighbor the survey and asked him to move the fence to the actual property line.
    via Bitter_Wealth_5445
  • He said the fence has been there 5 years so it's his now through "squatter's rights." I said that's not how property law works and showed him the official survey.
    via Bitter_Wealth_5445
  • He said surveys are "just estimates" and his fence is staying where it is. I contacted a lawyer who sent him a letter demanding he move the fence within 30 days.
    via Bitter_Wealth_5445
  • He responded saying he's claiming adverse possession. My lawyer said adverse possession requires 10 years in our state and the fence has only been there 5, so he has no claim.
    via Bitter_Wealth_5445
  • We sent another letter with this information. Neighbor hired his own lawyer who's arguing that the previous owner should count toward the 10 years.
    via Bitter_Wealth_5445
  • My lawyer says that's not how it works either since I'm the one contesting it now.
    via Bitter_Wealth_5445
  • This is turning into a whole legal battle over 2 feet of property. My lawyer says we'll win but it's costing me thousands in legal fees.
    via Bitter_Wealth_5445
  • Meanwhile the neighbor acts like nothing is wrong and waves at me like we're friends. The audacity of stealing my property then being friendly about it!
    via Bitter_Wealth_5445
  • A man covers his mouth in frustration.
    via Kyle Glenn

    Image is representative only and does not depict the actual subjects of the story.

  • Childless_Catlady42 Contact your title search company. If they signed off on the property without checking fence lines, this is their problem to fix.
    via Bitter_Wealth_5445
  • Bitter_Wealth_5445 Original Poster's Reply That actually makes sense. That angle never came into my mind. I'll quickly check my paperwork and see who managed the title search. Thank you
    via Bitter_Wealth_5445
  • Macaron4277 My friend just went through this. Keep going. She got her legal fees paid for plus $$$$$ for encroachment and the fence moved.
    via Bitter_Wealth_5445
  • Bitter_Wealth_5445 Original Poster's Reply Well that's my plan tbh. My lawyer already informed me to after fees once it's all done. And i will definitely not touch the fence until it's resolved legally
    via Bitter_Wealth_5445
  • UnhappySort5871 When I had to deal with something like this, title company was no help. Needed lawyer.
    via Bitter_Wealth_5445
  • Fearless-Freedom-479 Fence is on your property just take it down.
    via Bitter_Wealth_5445
  • vt2022cam Adverse possession would require that he not only did so openly, but that he pad taxes on the extra land. Usually it is anywhere from 10-20 years in the US, not five years.
    via Bitter_Wealth_5445
  • Mycroft_xxx Just tear it down? Step 1). Mark the property boundary clearly. Maybe have the surveyor do that Step 2). Put a new fence along the property line, even if it's cheap construction mesh Step 3). Clear anything in your property
    via Bitter_Wealth_5445
  • MW240z Ignore this, it's Al slop. New account, no responses, lopsided story...
    via Bitter_Wealth_5445
  • YankeeDog2525 I don't think this is a title search issue. They don't check property line. Just who owns the property.
    via Bitter_Wealth_5445

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Tags

lawyer fence neighborhood-drama bad neighbors property line entitled people
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