Your neighbor probably didn't have his property staked before building the fence.

Don't make that mistake too; get a surveyor to stake and flag the all of your property lines. Your neighbor should discover his mistake and move the fence without discussion.

Have the property line surveyed and marked (staked), and monuments installed if they are not already present.

That quickly shows the fence is placed incorrectly.

Take the discussion from there.

The portion of the fence on your property is yours to do with as you please, though a polite letter asking that it be removed might help relations.

"The portion of the fence on your property is yours to do with as you please".

That can work in the neighbors favor as well if the op doesn't take action to have it placed properly. Squatters rights is a law that is still in effect and the neighbors could claim that area as theirs.

There should be an existing survey for the subdivision. Get a copy. It will be a public record. If for some reason you can't use it, have your own done.

If the neighbor shows the slightest hesitation to move the fence or gets antagonistic in any way, get a real estate lawyer involved.

It may seem like an unwanted expense, but it will be cheaper in the long run. Right now you have an encroachment on your property. That devalues it and makes selling it that much harder to do. should you want or need to sell. You'll need the lawyer then. It's best to resolve problems like this early on, before they fester, so do it now, if the neighbor proves recalcitrant.

That can work in the neighbors favor as well if the op doesn't take action to have it placed properly. Squatters rights is a law that is still in effect and the neighbors could claim that area as theirs.

Assuming the number in his username is his ZIP code, adverse possession takes 20 years in PA.

Also, since he is in Montco, he can pull up a lot of good information on his and his neighbors properties from the county's online Public Land Records.

Make them move it. I think a nice letter giving them 2 weeks to comply would be a good thing, and if they don't, you can tear it down. It's on your property. I would have the land boundaries surveyed and marked during that 2 week window of opportunity. If they are good neighbors, they'll move it without discussion.

I don't think you have to worry about squatter's rights if its a new development and the fence has only been there for a couple of months.

You need to study up the "adverse possession" laws in your jurisdiction. Basically, if your neighbor uses a portion of your property as if it were his own for a specified period of time (which varies by jurisdiction) and you don't do anything to assert your rights to the property, your neighbor CAN gain ownership of that property.

However much you may want to be on good terms with your neighbor, you have no choice but to bring up the matter of the fence.

Even under the best conditions, there are going to be some costs involved so your neighbor is probably NOT going to be happy but, if he is reasonable, you can work with him to mitigate his expenses and, hopefully, that will go far towards establishing good neighbor relationships.

First off, ask your neighbor if he had the property line surveyed before putting up the fence. It sound as if one end of the fence is properly located (the point closest to the road) but that the fence then angles off so that it runs across part of your property. If so, it should only be necessary to have a surveyor locate the marker at the other end of the fence line (farthest from the road) to define where the fence should have been placed. Locating and marking that single point should not be too expensive. A few hundred dollars at most.

Show your neighbor the neighborhood plat maps and point out that the property lines don't run perpendicular with the road. Assuming they did would certainly be a rational mistake to make so let him know you're certain that, if there is a mistake, it wasn't done intentionally. Tell the neighbor you want to get a surveyor out to find where the property line between your two properties actually is and ask if he is willing to split the cost of the survey.

If he was not willing to split the cost, I would ask whether he would be willing to agree that whoever is in the wrong will pay the entire cost of the survey. I.e., if the fence is on your property, he pays the cost and if the fences in not on your property, you will pay for the survey.

Your neighbor's reaction will tell you rather quickly whether it will be possible to maintain good relations with him. If he is not willing to split the cost of the survey OR pay for the survey if his fence turns out to be on your property, you can forget about trying to be neighborly. Have the survey done then immediately tear down any portion of the fence that is on your property and do whatever you want with the fencing materials. They're on your property. You don't have to give them back to him.

IF your neighbor is reasonable about sharing the cost of the survey (or paying for it if it shows his fence is on your property), then, once you know where the fence line should be, you can give him time to have the fence moved.
You don't need to take the fence down immediately. So long as the neighbor is using the area with your "permission", he cannot gain adverse possession of your property.

I would give him a reasonable amount of time to move the fence and would be as neighborly as possible about helping him get it done.

You COULD even agree to allow your neighbor to keep the fence where it is until such time as it needs to be repaired or replaced. But, since even a wood fence is likely to last 15 years or longer before needing to be replaced, IF you agree to let him keep the fence where it is (for now), it should be by written agreement that requires him to pay a monthly rent (it can be a nominal amount), specifies the maximum period of time the fence can remain in its current location, and has provisions specifying what happens if either of you decides to sell your property or passes away.

The point of the "rent" is to make it clear to all the world that you and he recognize that you are the rightful owner of the property and that he is using it under an agreement with you. The rest of the provisions are so you don't someday find yourself disputing where the proper fence line is with one of his heirs or having a fight over moving the fence so you can sell your property without the encumbrance.

I hope it all works out as amicably as possible for you.

I agree with bevangel. Before you start hiring lawyers, surveyors, etc., just go have a polite conversation with the neighbor. Explain your concern and ask them if the boundary points are marked or documented. If it sounds like they installed the fence without due diligence regarding the boundary line, tell them you'd like them to verify that the fence was not inadvertantly built on your property.

Go into this assuming they didn't do it intentionally and see if you can get it resolved that way. If you get the feeling that they won't be cooperative, tell them that you are just trying to ensure their fence remains their property so that you don't have the right to tear it down.

But remember, the fence might very well be properly installed, so don't go into the discussion assuming you are correct about the situation (even though you very likely are).

good luck.

Thanks all for the great input. In response to phillipeh, I am not in Montco, although I am from Montco! We are currently in Alabama, and this is our first house in the state. The one thing I found out very quickly is that what is normal procedure in PA is NOT normal in Alabama. As one of my coworkers puts it, Alabama's building/construction/real-estate industry is like the "wild-west". I have talked to family back in PA about this, and there appears to be a lot more in terms of public information and help from the state to mitigate these problems. The previous owner of our lot had the property surveyed so I have a plot plan with all the property bounds laid out. In addition, the property boundaries are clearly marked on the lot because the developer put PVC posts at the corners of all the lots so it would be easier to show potential buyers the property bounds. It's very simple to see how much the fence has crossed over because all I have to do is go to the post the the front of the lot and look towards the back of the lot. The property bound between the two posts is a straight line. I find it hard to believe they were unaware as to where the property line actually was. When they mow their lawn now they cut into my lot quite a bit, and this will have to stop because they are encroaching on where our septic system is going to be installed.

I talked it over with my wife and we decided to approach our neighbor in a manner that bevangel described. We won't be putting in the septic system for a few months, so I thought giving them until the end of August to move it would be adequate. This way they can plan for it financially. In the event there is resistance, I have an official survey that I can take to a lawyer to escalate the situation. We're keeping our fingers crossed that he's a nice guy and this was all just a mistake.

We won't be putting in the septic system for a few months, so I thought giving them until the end of August to move it would be adequate.

Make sure them failing to comply at the last minute doesn't impact your plans. I've been down this road before. It can get ugly fast.

If you need to put that septic in during September, for example, don't give them until August to remove the fence. If they fail to comply and you have to take it to court, it will probably takes months to get rid of it, at best. That's if your local law doesn't allow you to just tear it down yourself.

As I said, I've been down this road. Don't count on anything verbal, period. People have a way of not complying when they feel it is in their interests to do so, but you don't find out about it until the promised date comes and goes with nothing happening.

Since the property was well marked, it sounds like you may be dealing with someone who may be difficult. Don't make it easy for them to tie up your property.

One other thing, expect those PVC markers to move or disappear. Before you do anything else, get some rebar and drive it below ground level next to the PVC. Try and do it when the neighbors aren't around.

With a little luck and some human-ness it may turn out that the fence was installed by a fencing company, they didn't perform the due diligence and their (the company) insurance company will mitigate.

I'd be interested in how this ends up, if the OP could come back.

expect those PVC markers to move or disappear.

I had a "neighbour" who didn't like the fact I tore down a 600 sf diy shack and was building (gasp!) a "monster" 2,500 sf two storey. Surprisingly, the survey pins disappeared. I figured out where they were from the holes in "his" driveway. An infill builder I know sometimes finds even his footing stakeout pins moved.

Good luck!

As a new homeowner myself in an established neighborhood, I know of the potential for all out war between neighbors over property disputes. As one of the above posters suggested, I think that showing them proof of your property boundary in a respectful manner and then giving them time to resolve the situation is the best way. Although I doubt even the most polite neighbor would offer to cover half of a surveyor's fee, I'm sure they'd be willing to work something out if they see they're in the wrong. And if it's worth it to you, you could offer to help move the fence, in order to preserve the relationship. They can't stay mad at a neighbor who is going out of their way to help correct a mistake they didn't make.

Here is a link that might be useful: DFW Land Survey

My mom had a neighbor who wanted to 'help' her take down the fence. She had lattice attached to the fence, which the neighbor didn't like, so she was going to take it down and use it in another area. Since the neighbor was planting arborvitaes against the fence, the lattice wouldn't show up anyway.

The neighbor had the lattice leaning against the fence, on their side, since it had been on the outside of the fence, along the property line. The next day, when she went over to retrieve the lattice, the neighbor wanted to KEEP it! Can you imagine? I went over and had a 'pleasant' little conversation with him, explained I would be contacting an attorney, and came back with the lattice.

At first, the neighbor pouted for a few months, but by the next summer, he was fairly polite, again. It's a very small town, and being a jerk doesn't get you anywhere :)