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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I had my property surveyed and the fence on one side is over

Customer Question

I had my property surveyed and the fence on one side is over a foot on my property. He will not move the fence and will not let me move it. What can I do.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How long has it been like that?

Customer: replied 3 months ago.
I do not know. I have owned this property for three years. The fence was here when I bought the property. I think it is at least 20 to 30 years old.
Expert:  Dwayne B. replied 3 months ago.

Let me start by discussing an issue that is negative. Nevada is one of the states that has a law allowing adverse possession. Adverse possession is when a neighbor acquired "title" over a portion of your property because they were using it without permission. The time limit in NV varies somewhat, it can be as short as two years or as much as five.

Once the person "gets" adverse possession then the property belongs to them just as if they had purchased it, although they do have to go to court (normally) to get an order stating that it is theirs so they can sell it.

There are a lot if different issues that play into this. For instance, the use must be "open, notorious, and adverse". There is also the issue as to whether the time limit starts over when the property is sold to someone else.

At this point you are going to have to hire a lawyer and move forward. What most lawyers will tell you to do is have the fence torn down and rebuilt on his side of the property line. However, you don't want to do anything in particular until you meet with a lawyer and you get a plan of action into place.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation orReal Estate Litigation. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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