My Neighbor's Fence Is Over the Property Line. What Should I Do?
🦅Perspective
by Hawkins Geospatial
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No. 005
Few property issues create more frustration than discovering a fence, shed, driveway, or other structure that appears to cross a property line.
One of the most common questions surveyors hear is:
"My neighbor's fence looks like it's on my property. What should I do?"
The answer may not be as straightforward as it seems. Before taking action, it is important to understand where the actual property boundary is located and what options may be available.
Don't Assume the Fence Is the Property Line
Many property owners assume that an existing fence accurately represents the boundary between two properties. Unfortunately, that is not always the case.
Fences are often built:
Without a survey
Based on assumptions
Using old markers
To contain livestock
For convenience rather than boundary location
In some cases, a fence may be located several feet away from the actual property line. In others, it may cross the line entirely.
The only reliable way to determine whether a fence is encroaching onto your property is through a professional land survey.
Start With a Survey
Before contacting an attorney, demanding removal, or confronting a neighbor, it is important to confirm the actual location of the property boundary.
A boundary survey may include:
Research of deeds and plats
Evaluation of adjoining properties
Recovery of existing monuments
Boundary analysis
Re-placement of property corners
Without a survey, there is a risk of making decisions based on assumptions rather than facts.
What Is an Encroachment?
An encroachment occurs when an improvement extends across a property boundary onto neighboring land.
Common examples include:
Fences
Sheds
Garages
Driveways
Walls
Swimming pools
Landscaping improvements
Not every encroachment creates an immediate problem, but understanding its location and extent is important.
Talk to Your Neighbor
If a survey confirms that an encroachment exists, a respectful conversation is often the best first step. Many neighbors are unaware that a fence or structure crosses the property line. In some situations, the issue can be resolved through cooperation without the need for legal action.
Maintaining a good relationship with neighbors is usually preferable to creating a long-term dispute.
Consider Your Options
Every situation is different.
Depending on the circumstances, property owners may consider:
Relocating the fence
Removing the encroachment
Creating an easement
Modifying property boundaries
Entering into a boundary agreement
Seeking legal advice
The appropriate solution depends on the nature of the encroachment, the history of the property, and the goals of the parties involved.
Surveyors Determine Boundaries
Attorneys Provide Legal Advice
A common misconception is that surveyors can resolve property disputes.
A surveyor's role is to provide a professional opinion regarding the location of property boundaries based on available evidence and applicable laws and standards.
Questions involving:
Property rights
Ownership claims
Adverse possession
Prescriptive easements
Legal remedies
should be discussed with a qualified attorney.
A survey often provides the information needed for property owners and attorneys to evaluate the situation.
Can GIS Maps Show an Encroachment?
Not reliably.
County GIS maps are useful reference tools, but they are not surveys and should never be used to determine whether a fence or structure crosses a property boundary. Most GIS websites specifically state that parcel lines are approximate and should not be relied upon for legal, engineering, or surveying purposes.
What appears to be an encroachment on a GIS map may not be an encroachment at all once the boundary is professionally surveyed.
The Bottom Line
If you believe a neighbor's fence, shed, driveway, or other improvement may be crossing the property line, the first step is to determine where the boundary actually exists.
A professional land survey can provide reliable information regarding the location of property lines and help property owners make informed decisions before disputes escalate.
At Hawkins Geospatial, we help property owners throughout North Carolina's Foothills and Piedmont understand their property boundaries with confidence. If you have questions about a potential encroachment or need a boundary survey, contact us today to request a quote!
Have a Question?
Every property and every project is unique. If you have questions about your land or need professional surveying services, we're here to help.
📞 704-750-9246
Perspective is a recurring series from Hawkins Geospatial, sharing practical insights, real-world projects, and professional guidance to help property owners, builders, and land professionals make informed decisions.
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