Your Neighbor Built a Fence on Your Property. Now What?

You come home one day and notice your neighbor just put up a brand new fence. Only problem - it's not on their property. It's on yours.

Maybe it's a few inches over the line. Maybe it's a few feet. Either way, your stomach drops, your blood pressure spikes, and you're already rehearsing what you're going to say when you march over there and knock on their door.

Before you do that, take a breath. Boundary disputes between neighbors are one of the most common and most emotionally charged property issues in Tennessee. What starts as a misplaced fence post can quickly spiral into a full-blown legal battle if it's not handled the right way.

Here's what you need to know.

Step 1: Figure Out Where the Actual Boundary Is

The first thing you need to do is determine where your property line actually sits. Your feelings about where it is don't matter. What matters is what the legal records say.

Start by pulling your deed and your property survey. If you received a survey when you bought the house, dig it out. It should show the exact boundaries of your lot with measurements.

If you don't have a recent survey, you'll want to hire a licensed land surveyor to come out and mark the lines. In Tennessee, a professional survey is often the single most important piece of evidence in any boundary dispute. It takes the guesswork and the arguing out of the equation.

Step 2: Talk to Your Neighbor

Once you know where the line is, it's worth having a calm, straightforward conversation with your neighbor. In many cases, they genuinely didn't know the fence was over the line. Maybe they eyeballed it, maybe they relied on an old marker that was wrong, or maybe their fence company just got it wrong.

A lot of these situations can be resolved with a simple conversation and a willingness to move the fence.

Step 3: Understand Why This Can Escalate Fast

Here's where things get tricky. What seems like a simple "move your fence" situation can get complicated quickly because of how Tennessee law works.

Encroachment. If a neighbor's fence, building, driveway, or any other structure crosses onto your property, that's called an encroachment. You have the right to ask them to remove it. But if they refuse, you may need to take legal action to protect your property rights.

Adverse possession. This is the big one that catches people off guard. Under Tennessee law (Tenn. Code Ann. § 28-3-105), if someone openly and continuously uses a piece of your land for 20 years without your permission and you don't do anything about it they may be able to claim legal ownership of that strip of land. That means if a fence has been sitting in the wrong spot for a couple decades and nobody raised the issue, the neighbor could potentially argue that land is now theirs.

Prescriptive easements. Even if a neighbor can't claim full ownership, they might be able to claim a legal right to use a portion of your property if they've been doing so openly for a long enough period.

The bottom line: the longer you wait, the more complicated this gets. If you know a fence or structure is on your property, don't sit on it.

Step 4: Know What NOT to Do

When emotions run high, people do things that make the situation worse. Here are a few things you should avoid:

• Don't tear down or move the fence yourself. Even if it's on your property, removing someone else's property without going through the proper channels can expose you to liability. In Tennessee, you could face a claim for destruction of property.

  
  

• Don't threaten your neighbor. Heated words and threats can turn a property dispute into a harassment issue. Keep everything civil and, when possible, in writing.

  
  

• Don't ignore it. As we covered above, time is not on your side when it comes to boundary issues. The longer an encroachment goes unaddressed, the stronger the other side's position becomes.

Why It Makes Sense to Get an Attorney Involved

Boundary disputes have a way of bringing out the worst in people. You're talking about someone's home, their yard, their sense of security. It's deeply personal. Neighbors stop speaking. Family barbecues get awkward. What started over a fence turns into years of resentment.

That's exactly why having an attorney handle it makes so much sense. An attorney takes the emotion out of it. Instead of you and your neighbor going back and forth, getting more frustrated with each conversation, a lawyer can:

• Review your deed and survey to determine exactly where the boundary sits

• Communicate with your neighbor or their attorney so you don't have to

• Negotiate a resolution: whether that's moving the fence, agreeing on a boundary line, or drafting a formal agreement between the parties

• Protect your legal rights and make sure you're not inadvertently giving up a claim to your own property by waiting too long

• File a legal action if necessary: whether that's a suit to quiet title, an action to remove the encroachment, or a defense against an adverse possession claim

Most boundary disputes don't end up in court. But having a lawyer in your corner from the start makes it far more likely you reach a fair resolution without things getting ugly.

The Bottom Line

A fence in the wrong spot might seem like a small thing. But under Tennessee law, it can have real consequences for your property rights if it's not dealt with properly and promptly.

Don't let a fixable problem turn into an expensive legal battle — or worse, don't let inaction cost you a piece of your own land.

If you're dealing with a boundary issue, a fence dispute, or any situation where a neighbor's property is creeping onto yours, we're here to help.

Give us a call: Contact McSeveney Law 

Book a consultation online: Schedule a Consult at mcseveneylaw.com

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every situation is different, and you should consult with a licensed attorney regarding your specific circumstances. If you have questions about a property or boundary dispute in Tennessee, contact our office to schedule a consultation.