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  • Writer's pictureAttorney Jason A Greller

My neighbor's fence is on my property - does Wisconsin law allow me to make them move the fence?

If your neighbor's fence is built on your property in Wisconsin, there are several steps you can take to resolve the issue. Before taking any action, it's essential to have a clear understanding of your property boundaries and to confirm that the fence is indeed encroaching on your property. Here are some steps to consider:

  1. Review your property survey: Consult your property survey, deed, or any other relevant documentation to confirm the location of your property boundaries. If you do not have a survey or are uncertain about your property lines, consider hiring a professional surveyor to establish the precise boundaries.

  2. Communicate with your neighbor: If the survey confirms that the fence is on your property, discuss the issue with your neighbor. It's possible that they are unaware of the encroachment, and a friendly conversation may lead to a mutually agreeable solution. Be sure to remain calm and open to discussion.

  3. Send a written request: If your neighbor is unresponsive or unwilling to address the issue, consider sending a written request asking them to remove or relocate the fence. Be sure to keep a copy of the letter for your records. The letter should include the relevant property survey information, a request for action, and a reasonable deadline for compliance.

  4. Consult an attorney: If your neighbor still refuses to remove or relocate the fence, it may be necessary to consult a Wisconsin real estate attorney for legal advice. An attorney can help you understand your rights and options, which may include sending a formal demand letter or initiating legal proceedings.

  5. Legal action: If all other attempts to resolve the issue have failed, your attorney may recommend pursuing legal action. This may involve filing a lawsuit for trespass or seeking an injunction to force the removal or relocation of the fence. Legal remedies may also include monetary damages for any losses you have incurred due to the encroachment.

It's essential to approach the situation with patience and a willingness to resolve the matter amicably. In many cases, open communication and negotiation can lead to a satisfactory resolution without the need for legal action. However, if legal action becomes necessary, working with an experienced Wisconsin real estate attorney can help protect your interests and achieve a favorable outcome.

Please note that this information is for general purposes only and should not be considered legal advice. To get legal advice tailored to your specific situation, consult with a licensed attorney in Wisconsin.

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