Texas homeowner proves neighbor's fence assumed 240 square feet of his property, weighs legal options after neighbor refuses to budge

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  • Neighbor built a fence 3 feet into my property and won't move it. What can I do?

    Location: Texas. This started in March and I've run out of ways to handle it myself. My neighbor put up a new fence along our shared boundary earlier this year. It didn't look right to me
  • so I brought in a licensed surveyor. The fence is sitting about 3 feet inside my property line along the full length of the boundary, around 80 feet total.
  • A representation of several models appearing as residents of a neighborhood enjoying an outdoor party behind a fenced home.
  • So he's basically taken a 240 square foot strip of my yard and fenced it into his.
  • I went over and showed him the survey. He said the fence company did it right and he wasn't going to act on one survey he didn't commission himself. I
  • offered to pay for a second independent one, said we could split it, just to get something he felt comfortable with. He said
  • he'd think about it. That was six weeks ago and I haven't heard anything and the fence hasn't moved.
  • A depiction of five neighborhood residents toasting at an outdoor table behind a built fence.
  • I have the survey with the markers clearly shown, photos from before the fence went up, and texts from after our conversation where he acknowledged we'd spoken
  • about it. We've lived next to each other for three years without any issues which is part of why this is frustrating, I wasn't expecting to have to fight him over this. But
  • I'm also not going to just let it go because 240 square feet is a real amount of property and the longer that fence sits there the more complicated this probably
  • gets. What are my options at this point and is there a way to push this forward without immediately going to court
  • An image demonstrating a man using a drill to build a white fence.
  • No-Interview319. There's no reason for you to pay for multiple surveys. Send him a letter via certified mail with a copy of the survey attached. In the letter, explain that the fence is on your property and the neighbor needs to remove it.
  • If that doesn't work, you will likely need to go to court. It would be a good idea to consult with a local real estate attorney at any point in this process.
  • reddituser1211 Your next step is to get an attorney to send him a letter and then litigate if he won't change.
  • A photograph illustrating a white fence enclosing a home.
  • AutomaticTap310 ⚫ You need to deal with this now. Texas does allow for adverse possession in as few as three years, so your clock is ticking. Send certified mail with copy of survey, send attorney letter for removal, prepare to sue if need be.
  • maranalooking007. Call and report it to the local ordinance department, they will come out and investigate and if they find. he is in violation they will give him a set time frame to move it along with fines that start adding up. If you really want to prove a point then
  • get the lawyer to force the move and ask for rent for said property he has occupied and ensure the settlement states the property must be returned as it was before the fence was placed otherwise you would have a destructive removal

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