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The neighbor next door built a fence which parts of it extends over our property line. Should I take exception to this?

Mesquite, TX |

I already had a chain link fence (back yard) that is inches within my property line. It was there when I bought the house in 1986. The neighbor next door has now built an 8 foot wood fence which I am sure is within their property line by inches. This has created a double fence situation and leaves a 12+ inch space between the two fences. At each end of the wood fence, the fence is extended to close the gap between that fence and mine. Those extensions now cross the property line and adjoin my fence.

It’s obvious who will have to take care of grass and weeds growing between the two fences. I'll have to use Round Up since no one can get a mower or string trimmer in there. Is this something I should be concerned with? And, could it restrict me or cause problems in the future?

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Attorney answers 1


You have two options. You could send neighbor a letter telling them that you are aware of the fence crossing the property line, that you consent to the fence being there for now, but that you do not intend the consent to create an easement of any sort, and that you reserve to revoke the consent at any time. If you do this, you'll have to deal with the weed problem between the fences, but you won't have to worry about adverse possession because your neighbor's possession would not meet the "hostile" requirement to gain title by adverse possession. If you want the fence off your property now, you should consult an attorney to take legal action to eject the trespassing neighbor from your property. If you make it known that you object to the presence of the fence, but then do not follow through with ejecting (i.e. forcing neighbor to remove fence) neighbor, then over time neighbor might gain title to that portion of the property by virtue of adverse possession. If you want the fence off your property right away, consult an attorney. Good luck!