What Can I Do If My Neighbor's Fence Is on My Property in Nevada?

Step 1: Get a licensed survey

Assessor maps, plat maps, and old fence lines are not proof of the boundary. A licensed Nevada professional land surveyor can locate your legal boundary from the recorded legal description and set or confirm corner monuments. If your neighbor disputes the result, they may commission their own survey.

Step 2: Talk to your neighbor

Many fence disputes end with a conversation and a copy of the survey. Fences are often built in the wrong place by mistake — sometimes by a prior owner. Keep communications in writing and avoid removing the fence yourself, which can create liability.

Step 3: Put the solution in writing

Common resolutions include:

• Removing or relocating the fence to the surveyed line
• A recorded boundary line agreement fixing the line where both agree
• A lot line adjustment approved by the city or county
• Selling the strip of land to the neighbor by deed
• Granting a written, recorded easement or license allowing the fence to stay

Step 4: Court options

If negotiation fails, an attorney can send a formal demand and, if needed, file a quiet title action under NRS 40.010 to establish the boundary, along with claims for trespass and an injunction requiring removal. Courts can also award damages in some cases.

Can my neighbor claim my land through adverse possession?

Nevada makes adverse possession difficult. A claimant generally must show actual, open, notorious, exclusive, hostile, and continuous possession for five years (NRS 11.150) — and must have paid the property taxes on the disputed land during that period (NRS 40.090). Because taxes on a fenced strip are almost always paid by the record owner, adverse possession claims over fence lines rarely succeed in Nevada. A neighbor might instead argue a prescriptive easement or boundary by agreement or acquiescence, so do not assume you are safe.

HOAs, block walls, and new subdivisions

In Las Vegas subdivisions, block walls are frequently placed off the true line by builders. HOA rules and CC&Rs may govern who owns and maintains perimeter walls. Review your title policy too — some boundary problems are covered, though many policies exclude matters a survey would reveal.

Before you sell

An unresolved encroachment can delay or derail a sale. Buyers and title companies will spot it. Resolving it early protects value. Chris Sullivan handles boundary disputes as both a Nevada attorney and a licensed real estate broker.