My neighbor built a new fence while I was at work, and looking at the survey stakes, it is clearly two feet onto my property. They cemented the posts already. What would you do?

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Property disputes between neighbors can be a source of significant stress and tension. One of the most common issues is when a neighbor builds a new structure, such as a fence, that encroaches onto your property. This can come as a shocking discovery, especially if the construction happens while you're away, such as during work hours.
In such situations, it's important to handle the matter with a balanced approach, being both assertive in protecting your rights and understanding to maintain a good neighborly relationship. This article will guide you through the steps you should consider if you find yourself in this predicament.
1. Take a Breath and Document Everything You See
The first step is to remain calm and avoid any rash decisions or confrontations. Take a moment to assess the situation thoroughly. Start by documenting the current state of the fence and your property. Use a camera or smartphone to take clear photographs from various angles, ensuring you capture the entire length of the fence, the cemented posts, and the existing survey stakes showing your property lines.
Note down any measurements that indicate the encroachment, such as the distance the fence extends beyond the survey stakes. If possible, use a measuring tape to get precise measurements; in this case, two feet onto your property. These details will be crucial in any discussions or disputes that may arise.
2. Verify the Property Line With Surveys and Records
Before taking further action, it's essential to verify the property line using official documents. Locate your property's deed and any previous surveys you may have. These documents will provide the legal description of your property boundaries.
If you don’t have a recent survey, consider obtaining one from a professional surveyor. This will provide an accurate assessment of where your property lines lie, and it can serve as evidence if a legal dispute arises. Ensure the surveyor places new stakes if needed to clearly mark the boundaries.
3. Talk Calmly With Your Neighbor Before You Escalate
Approach your neighbor for a calm and open conversation about the situation. It’s possible that they may not be aware of the encroachment. Choose a time to talk when you’re both relaxed and unlikely to be interrupted.
Present your findings politely, including the photos and any measurements, and express your concerns. Many disputes can be resolved amicably through honest communication, and your neighbor might be willing to make adjustments once they understand the issue.
4. Send a Polite but Formal Written Notice
If talking doesn’t resolve the issue, or if you prefer formal communication from the start, consider sending a written notice. This letter should be polite but firm, outlining the problem and referencing your evidence, such as surveys and photographs.
Request a response within a reasonable timeframe and suggest a meeting to discuss possible solutions. Keeping a written record of all communications will be valuable if the situation escalates.
5. Check Local Zoning, Fence, and Encroachment Laws
Familiarize yourself with local zoning regulations and property laws that pertain to fence installations and property encroachments. These laws vary significantly by location and can influence how disputes are resolved.
Contact your local municipality or zoning office to inquire about specific rules that apply. Understanding these regulations will help you determine whether your neighbor has violated any laws and what remedies might be available to you.
6. Bring In a Licensed Surveyor If There’s Any Doubt
If there are discrepancies between your records and your neighbor's claims, it may be time to hire a licensed surveyor. A professional surveyor can provide an unbiased and accurate assessment of the property boundaries.