do they use sign language? if so, can you find someone who uses sign language to communicate with them? If they don't use sign language how do they communicate? Shopping? Medical? etc. Somehow someone must be communicating with them via some 'means'. Do they have hearing aids? but use 'selective' hearing? Have friends or relatives that 'interpret' for them? You really need to be able to put up a new fence on your property line but it might take quite a bit of effort to be able to communicate with your neighbors. Personally, my first step would be to send them a certified letter, return receipt requested notifying them I would be having that property line surveyed and advising them I would be furnishing them with a copy of the findings.

Confused by this. "Because the current chain link fence is 6 feet high, we are boxed in by our neighbors and a new fence would block the streetview of our house." If I am understanding the new fence would be one that you built unless you want to block the street view.

Something that may have no bearing on why the current fence is 6 ft tall but you mentioned you are on a curve. You might want to check with other neighbors to see if there is a history of vehicles losing control. A tall fence would prevent a vehicle at high speed going over it.

If the neighbors have been maintaining your land on their side of the fence, the prior owners may have inadvertently ceded ownership through adverse possession. I would look to the title company and local laws regarding this. Because of tree placements, I had to locate my fence partially inside my property by about 3 feet at one point. (I didn't want to cut down a tree just to install a fence. The fence went around the tree.) I had a "fence agreement" attached to the property title records that indicated that, notwithstanding the location of the fence and any maintenance the neighbor might perform on the land (snow removal, grass cutting) the property line was not changed by the location of the fence.

@new-beginning yes they communicate using sign language, but as I said we do not know sign language (and unfortunately we do not know of any). They do not use hearing aids. They do not tend to have visitors/family that visits regularly who we have met and could ask to translate. A certified letter may be the way to go. A certified letter may be the way to go, although there's no need for the survey, one was done last year right after we closed on the house (this is how we know the fence is on the property line).

@maifleur03 yes we live on a curve in the street. Our yard is small and we are wedged between two houses which both have tall fences in the front of the property. If we had to build a new fence on the inside of the current one in question, it would be at such an angle and height that when driving parts of our house would not be visible. We'd personally rather have the front yard fence free (cleaner looking and would make our yard look more spacious), but if the current chain link has to stay we're definitely going to cover it up on our side. We do see people driving fast in the neighborhood, but I'm not sure a fence would prevent them from driving into our house (if this is what you are suggesting).

@ Lisa Yes I'm worried about ceded ownership. I've read about this previously, but it seems based on Texas cases (we're in DFW), possession of the land has to be intentional not accidental. We live in a very old neighborhood, who knows how long ago or who originally placed the fence. I will say that the current survey which was done last year and delivered to us at closing makes no notes about any sort of agreement. It would be highly unlikely anyways, as front yard chain link fences are against code here, so it's unlikely permission at the city was ever recorded.

K G the fence would be to slow them down so that they did not ram your house at full speed. I do have a question about the height of the fence. Is 6 ft the height of most fences in your area? Nothing to do with your situation but my curiosity. Here most are much less than that and height is mandated by the city and county ordinances.

Without a lot more facts about how long “a” fence (not necessarily this fence) has been there; whether your survey and the neighbor’s survey agree on where the property line is; if they don’t, whether there is a determining factor in your location; who built and paid for the fence; what the impact of you removing the fence is on your neighbor’s property and gate (i.e. does it leave them without a fence on one side of their yard and missing a gatepost) even an attorney will be hard pressed to help you. The simple - not necessarily easy under the circumstances - solution is to get your neighbor’s agreement to what you want to do in writing. A certified letter does very little, if anything, for you. Generally, the legal solution is an action to quiet title to the three feet and the fence. For that you need an attorney, and possibly facts that are difficult/expensive/impossible to obtain, depending on the impact on your neighbor.

perhaps the state courts in your area have someone with sign language available? or perhaps contact a TV station and ask if they know of anyone in the area that does sign language? From time to time I see the news being broadcast with a person 'signing'.

@ maifleur03 , in our city 6 foot fences are not supposed to run in the front yard, but this seems to be completely overlooked by the city. Same with chain link, not allowed in the front yard, but overlooked by city. I'd prefer no or low fence, but if the chain link stays I'd rather cover it up by an equally tall fence, I'd hate to spend good money on a beautiful fence only to see 2 feet of chain link above it.

shivece yes, I could see how a lot of these factors could be unanswerable. To be honest, it would be very easy for our neighbors to lie and say they paid for the fence even if they did not (they've lived here longer and we have no sort of record of it from the previous owners).

K G look around at the neighborhood to see if that was the type of fence that was put in by the developer. That will give you a partial answer if it was there when the house was original.

@maifleur03 I don't think this was put in by the original developers, our home was built in the 50s. There is one very long, 5 foot fence that runs behind all my neighbors properties which separates yards from an easement, this is likely much older than the one in question and looks completely different. Though @shivece, you could be right that the fence was grandfathered in.

I've read about this previously, but it seems based on Texas cases (we're in DFW), possession of the land has to be intentional not accidental.

I would not be so sure of your this. Generally, the intent in adverse possession is intent to deprive you of your land rights, which a fence would do.

An example of unintentional would be a creek that was accepted as a boundary that has moved over time to a new position. Just because I choose not to use the property on the other side of the creek that has moved, doesn't mean you are intentionally depriving me of it. Putting a fence around that same property would.

I am not claiming you are wrong, but advising you might want verification from someone before taking drastic action.

You might check with your title company.

If it is decided the existing fence is "your fence" would you want the added expense of taking it down and building a new fence? If you build a new fence within the old fence, who is responsible for the "no man's land" between the fences?

My understanding is that if the fence is on your property it belongs to you. It gets more complicated if the neighbor built the fence on your property, not knowing it was your property. Were there any areas where the fence includes some of their property on your side? You would be trespassing if you tried to remove those sections.

I had a similar situation where I wanted to build a privacy fence, and the existing fence was there before me. I asked the neighbors if it was their fence or if it had been put in by the prior owner of my home. It was their fence. Or at least they said it was And indeed the survey showed it about exactly on their side of the property line. I told them I wanted to put in a privacy fence. They said they were fine with it, but specifically asked that I not attach to their fence. We both benefit from the privacy. Another time I wanted to raise a block wall in a subdivision where it was on the property line. I asked if the neighbors were willing to share the cost, and if they were not, did they mind if I went ahead and paid for and raised the wall? Both agreed to the work, but only one was willing to chip in on cost. We all benefitted privacy wise.

In your case. I would try to talk with them, but I would also put it in writing due to communication issues. I would say I wanted to build an more modern/private/whatever is better about the new fence, and wanted to talk about replacing the existing fence versus building the new fence on your side of it.

An ideal situation is they agree to help pay for the new fence, and removal of the old, and you are able to build it just on your property line so it belongs to you, and you gain the lost feet.

There are many gradations between that and worst case scenario.............of involving lawyers, surveys, and neighbor feuds.

I would be reluctant to scar the neighborly relationship over a few feet. The fence was there when you bought the house so the yard looked as it did and you still bought it.

Good luck!