May I legally put up a trellis across the top of a fence sharedwith a neighbor?

May I place a trellis across the top of a fence that is shared by a neighbor and attach it on my own side? The fence was in place when we moved in about 25 years ago. The neighbor has been in residence about six years. I have already tried to put this up and the neighbor came out and said take this crap down from my fence or I will do it my self.

Asked on March 6, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or no you are entitled to intall a trellis on the top of a jointly shared fence depends first upon what the local building and permit department states about the issue. If you are allowed to do so by the local building department, then the issue then becomes whether your neighbor can object to the placement on the jointly owned fence.

My gut feeling is that you are entitled to do what you want to do with the trellis since the fence is jointly owned regardless of the neighbor's sentiments. Should you do so, you most likely will end up in a dispute from what you have written. I suggest you consult with a local real estate further about your situation and desires.


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