Homeowner Asked Neighbor To Move Fence After Survey Showed It Was 2 Feet Over — But He Refused, Claiming 'Squatter's Rights'

February 24, 2026 - 03:19

A routine property survey has ignited a tense neighborhood standoff after revealing a fence built two feet over the legal boundary. The homeowner, who commissioned the survey when considering backyard renovations, was shocked by the findings and promptly approached their neighbor to request the fence be relocated.

The request was met with an unexpected and firm refusal. The neighbor, whose fence has been in its current position for several years, did not dispute the survey's accuracy. Instead, he invoked the concept of "squatter's rights," formally known as adverse possession, as his reason for not moving the structure.

Adverse possession laws, which vary significantly by state, generally allow a person to claim ownership of land they have used openly and continuously for a long period, often a decade or more. Merely having a fence in the wrong place for a few years rarely meets the stringent legal criteria, which typically also require the use to be hostile and without the owner's permission.

The situation has left the property owner in a difficult position, facing the prospect of legal action to reclaim the sliver of land. Property law experts emphasize that such disputes are best resolved amicably between neighbors but note that a formal legal opinion is often necessary when claims of adverse possession are raised. The incident serves as a cautionary tale for homeowners to verify their property lines before building any permanent structures and to address any encroachments promptly.