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We just had a survey done on our property and found out that our neighbors&#8217; fence is on a sizable portion of our lot ...

We just had a survey done on our property and found out that our neighbors&#8217; fence is on a sizable portion of our lot ...

Q: How far off your property line can you put a fence?

In Minnesota, there is no specific state law that dictates how far a fence must be from a property line. However, local ordinances may have guidelines. It's essential to check with your local zoning office to understand any setback requirements that apply to your area.

Q: How close to my property line can my neighbor build a fence?

The distance a neighbor can build a fence from your property line varies by local laws and ordinances. In Minnesota, many municipalities have regulations that dictate setback requirements. It's best to consult your local zoning office to find out the specific rules that apply in your area.

Q: Can I put a fence on my property line in NC?

In North Carolina, you can generally place a fence on your property line. However, it's important to check local zoning laws and regulations, as some areas may have specific requirements regarding setbacks or height restrictions. Always confirm with your local authorities before installation.

Q: Can I remove a neighbor's fence on my property?

If a neighbor's fence encroaches on your property, you may have the right to remove it. However, if the fence has been there for a significant time, your neighbor might claim adverse possession. It's advisable to consult with a legal professional before taking any action to understand your rights and obligations.

Q: Can a neighbor remove survey stakes?

No, a neighbor should not remove survey stakes, as they mark property boundaries established by a licensed surveyor. Removing them can lead to disputes over property lines. If there are concerns about the stakes, it's best to discuss them with the neighbor or consult a legal professional.

Full question:

We just had a survey done on our property and found out that our neighbors’ fence is on a sizable portion of our lot (480 sq. ft.) Can we remove the fence? The fence has been there for approximately18 years.

Category: Real Property
Subcategory: Adverse Possession
Date: 04/07/2025
State: Minnesota

Answer:

Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time. In Minnesota, the duration of such possession is fifteen (15) years. However, title by adverse possession is not available against properly registered land. See Minnesota Code § 508.02; 541.01-02.

The term encroach, as it relates to boundary lines, means to trespass upon the property, domain, or rights of another or to advance beyond proper, established, or usual limits onto the property of another. See US-00765BG regarding notice to an adjoining landowner that a structure constitutes an encroachment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the 7 year fence law?

The 7 year fence law generally refers to the concept of adverse possession, where a person may claim ownership of land if they have occupied it without permission for a specific period. In some states, this period is seven years, but in Minnesota, it is fifteen years. This means if a neighbor's fence has been on your property for at least fifteen years, they might have a claim to that land through adverse possession.