> If the fence line is on the state land, which it almost certainly is barring a surveying error when it was put up, it is entirely possible that if he fixed it, he would actually get in trouble with the state.

Oh, the joys of living in a place with actual rule of law.

Here in my 3rd world country, people are free to annex land demarcated for streets that adjoin their property, without any real consequences, as long as it is not meant to be a major street.