Nadel & Ciarlo, P.C.

Neighbor fence disputes: Things to think about

Imagine this: You just moved into a new home and you want nothing more than to deal with that old fence that separates your yard from the neighbor.

While this sounds simple enough, there are a few questions you need to answer. First off, who does the fence belong to? If it's on your property, it goes without saying that you can do what you want. However, if it's on the property line, your options may be limited to a certain extent.

The most important thing you can do is learn more about local fence ordinances in regards to location, height, material and appearance. This will give you some guidance on what you can and can't do.

For example, unless otherwise noted, a fence on a property line typically belongs to both owners. So, if you want to replace or repair the fence, you may need to work with the other party on the process and cost.

If you have reason to believe that your neighbor's fence is on your property, you'll want to get a professional survey. This will allow you to make a final determination, providing a better idea of what to do next.

Neighbor fence disputes move to the forefront for many reasons. You need to understand exactly what you are up against, so you know which steps to take. As soon as you have a clear idea of your legal rights, it's much easier to decide what to do next. In the end, all that matters is that you are happy with where things stand in regards to your fence and relationship with your neighbor.

Source: FindLaw, "Neighbor Fence Disputes," accessed Oct. 03, 2017

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