Property Line Showdown: Homeowner Faces Off Against Neighbor in Wild ‘Squatters’ Rights Battle—Over a Fence

Squatters have been a growing issue among homeowners for years, with unlawful tenants getting increasingly creative with how to claim property they do not own. 

Unlawful tenants, or "squatters," have become a significant, escalating concern for homeowners in recent years. The methods used by these individuals to assert claims over property they don't own are becoming more and more creative.

And now it seems like your own next-door neighbors can get in on the act. 

A homeowner on Reddit recently noticed his neighbor’s fence was 2 feet over his property line. After a survey confirmed the issue, he asked the neighbor to move the fence. 

The neighbor refused, claiming that due to “squatters' rights” or adverse possession, the fence is now his, given that the structure had been there for five years. 

Now, a legal battle has erupted between the neighbors, raising significant questions about both property protection and the true extent of "squatters' rights."

The legalities of encroaching property lines

In speaking with legal experts unaffiliated with the situation, they agree that the property owner whose fence crosses over to a neighbor’s land, may claim adverse possession—but not squatters' rights.

Eric Teusink, real estate attorney and managing partner at Williams Teusink in Atlanta explains that the term “squatters' rights” doesn’t apply at all. It’s simply a catchphrase some people will use, but it does not control these types of disputes. 

Adverse possession is a legal concept that allows someone to claim ownership of land they occupy without the owner's permission, as long as they've met certain requirements. In most states, you can gain ownership through adverse possession if you pay your property taxes and occupy the land for a set number of years.

While Arizona and Texas allow adverse possession in as little as three years, New Jersey makes you wait 30 years for most types of property. 

According to the homeowner’s lawyer, it takes 10 years—not five—to claim adverse possession where he lives. Despite this, the neighbor ignored the survey, called it unreliable, and refused to move the fence.

That being said, having a fence on someone else’s property for a few years is not enough to claim adverse possession, according to the experts we spoke to. The time period must be met.

"Adverse possession is one of the most demanding and unforgiving doctrines in all of property law. It's not a shortcut to ownership and comes with extremely difficult requirements. And a fence that's been a couple feet over a property line probably doesn't meet them," says Monte Albers de Leon, real estate attorney in New York.

With that said, he concedes that the fight is still worth having as the homeowner. 

"A 2-foot fence encroachment is a real problem. It is your land, and you are entitled to it,” he adds. "But it is also a solvable problem. The law is clear, the remedies exist, and the vast majority of these disputes, handled methodically and without unnecessary escalation, resolve without going to court."

How to address fence and property line disagreements

Most property line disputes have nothing to do with the law itself.

"These are usually caused by the gap between what people think the law says and what it actually says," notes Albers de Leon.

Because misunderstandings and opinions are often of the root of property line disputes, Teusink recommends you do everything you can to address it directly with your neighbor—without seeking legal counsel. 

Before taking any action, get your hands on a survey from your local county office, title company, real estate agent, or licensed surveyor.

This is a key step as property boundaries are determined by legal descriptions–not by where a fence happens to sit or where you think the line is located. A rough estimate or Google Earth measurement will not work.

Surveys, paired with title records from when you purchased the property and old photographs that may show the fence or other landmark in question existed for a while, can help prove your case. 

Once you have all these items on hand and can confidently confirm the intrusion, Albers de Leon believes you're in good shape.

"The single most effective de-escalation tactic available to you is also the one most people skip—leading with the facts, not the grievance. Simply explain that you have a survey, and it shows the fence (or other landmark) is X feet on your property. Don't say 'you've been stealing my land' as all this does is start a fight. The facts are on your side. Let them do the work," advises Albers de Leon.

Legal counsel should be a last resort

Only if and when sharing the survey with your neighbors doesn’t add clarity to the situation and end the dispute, you should consider mediation, which is often offered by municipalities specifically for neighbor disputes.

"I cannot overstate how much a good mediator can accomplish in a property dispute before it becomes a lawsuit. Litigation is expensive, slow, and—when it involves neighbors—tends to leave permanent damage even when one side wins," explains Albers de Leon.

Legal counsel only makes sense if your neighbor ignores your concern or explicitly refuses to move the encroachment, and you believe your rights are significantly being threatened.

"If we’re talking about a few inches one way or the other, engaging a lawyer is not going to be worth the legal fees,” says Teusink.

If you do go the legal route, be selective with who you hire as not all lawyers are created equal.

"Choose a real estate attorney licensed in your state who knows your jurisdiction’s specific rules on adverse possession, encroachment, and property boundaries. The variations between states are significant enough that general legal knowledge is not sufficient here," says Albers de Leon.

Also, make sure you have the survey, photos, and any document everything, including conversations with your neighbors with dates and times.

"This is not paranoia–it's prudence. If this escalates to a legal proceeding, documentation is the difference between winning and losing," add Albers de Leon.