My neighbour has put up a fence on the property line without consulting me - can they do that?

Question

The fence is not the style that I wanted nor does it have the 6" posts that I was willing to pay more for (I would have covered all my bordering neighbours costs for this) I am very upset - do I have any rights here?

Answer 1

It sounds like you have two issues here:

1)  Are you sure of the relationship to the fence to the property line?

If the fence is all on their side of the line you have no say in the matter.  Its THEIR fence.   If the fence is all or partially on your side you can raise the issue of location since you will own a portion (or all) of the fence.   If the fence is shared, IN THEORY, you could eventually sue for its relocation (off of your property), but this would be an uphill battle, totally p*ss your neighbors off forever, and the end result might just be the same fence but on THEIR side of the line.  (lots of time and effort but nothing gained).

2)  The fence is not constructed as per your agreement with them.  Here you have the ultimate choice of choosing not to pay for your half or portion of the fence.  You need to communicate your displeasure to them, however and, if you want to try to work things out, perhaps just replace the posts.. not a difficult job if they used post anchors for the construction.  That might be a better approach.    Or, you can use your portion of the fence funds to do that work and let them deal with the change.  If you go that route, however I wojld make sure that at least a portion of the fence IS on your property or you will have no right to change it.

Bottom line.. agreements like this should be in writing.. then EVERYBODY knows what is to be done and where.

.

Answer 2

line fence law varies greatly from place to place.   In my part of the country it would go before the county board of trustee's . If he can show that you benefit from the fence ,you may be required to pay half the cost. however if you can show it detracts from your property then he could be required to remove it or work something out with you. It could go either way depending on how well you or He is connected with the local politicians.

Answer 3

Neighbor can't put up a fence "on" the property line without your approval. Check with the local building inspector, the local code probably requires him to be about 6 inches on his side of the property line. As far as the style of fence is concerned, if the fence meets code (some areas restrict the type of materials allowed like no chain link or no PVC) then you are out of luck on appearances.

Answer 4

It really depends on a lot of factors.  Do you live in a neighborhood that has rules for fences?  If so, does it fit?  If not, then is it on his property?  

If there are no codes or rules against his fence and it is on his property, unfortunately you do not have a say in what he should have done.  

Although you do not like his taste in the fence, he might like it or might not have been in a financial position to pay more.  It might be embarassing to ask your neighbor for money.  We have neighbors that could not agree, so they each built one on their own side.  Maybe he just wanted to build something quickly to keep out a nosy neighbor telling him what to do.

Answer 5

nope, if its on the property line, its there desision, you can do the same  

Answer 6

Yes.  have a survey done to see if they have gone over their property line and onto yours.  If so, then you have a right to have them correct it.  You might speak to them about sharing the cost if they will change the fence according to your likes.

Answer 7

if its on your property line no-call the city and talk to them about it

Answer 8

Probably not. If they even put the fence a half inch over on their side you're not going to be able to do anything. The only way to solve it is to check your survey of the property if it's recent or get a new one done to determine that they haven't made any mistakes and encroached on your property then you can make them take it down.

Answer 9

Yes you have rights especially since you are probably paying 1/2 for the materials and labor..  

Answer 10

he is no suppose to put anything on you property even if its a milli inch it ur property you do have rights and if you want you can take him or her to court