Does my Neighbour have to maintain his fence?
Does my Neighbour have to maintain his fence?
You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to.
Can a neighbor put a fence on your property line?
Be careful what you wish for as a buddy with the above scenario did complain an the neighbor put a fence directly on the property line. Problem is he then could barely open his car door in the driveway. Take a deep breathe an realize there are far worse neighbors to deal with.
When is a fence a nuisance to a neighbor?
Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Under these statutes, the neighbor may sue for its removal. My neighbor’s fence violates a local ordinance.
What to do if your neighbor is encroaching on your property?
You’ve finally bought a little patch of Mother Earth that you can call your own. Then you discover your neighbor is encroaching. Perhaps his fence is two feet over the property line, or the dying limb of his sugar maple is overhanging your garage, or his barking dog is keeping you up all night.
Can a neighbor Sue for removal of a fence?
Under these statutes, the neighbor may sue for its removal. My neighbor’s fence violates a local ordinance. How can I have the ordinance enforced? The neighbor may be unaware of the ordinance, so it is important to tell the neighbor of the violation. If the neighbor refuses to make changes, notify the city of the violation.
Can a neighbor build a fence on your property line?
If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you.
Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Under these statutes, the neighbor may sue for its removal. My neighbor’s fence violates a local ordinance.
How can I get my Neighbor to remove my fence?
You may choose to sue the neighbor in small claims court for the loss of enjoyment of your property, but this will not result in the removal of the fence. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor.
What to do if your neighbor encroaches on your property?
You’ll still be able to sell your property with its actual property lines, he’ll still have use of the encroaching foot or two and neither of you will have to hire a lawyer. Offer to sell your neighbor the encroaching area.