Can a neighbor who dislikes my fence make me take a down?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a neighbor who dislikes my fence make me take a down?

I replaced my old chain link fence with a new chain link fence. I hired a fencing company, got the permit from my town and informed my neighbor about it. After the new fence was installed, the neighbor stated he does not like it. My property is about 2 feet higher than my neighbor’s on an upward slope. The new fence does not cover the retaining wall and the neighbor does not like that. The old fence did cover the retraining wall. The town inspector is an old friend of my neighbors and according to the inspector the fence is on my property. Who is legally right?

Asked on December 14, 2011 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally, you could potentially be made to take down the fence only if:

1) It infringes on the neighbors land (i.e. it's partially on his property);

2)  It violates local code or ordinances--every municapality may set its own laws about fence height, acceptable types of fences, etc., so you need to check these  laws for  your city/town; you can find them at town hall; or

3) The fence has some other significant detrimental impact on your neighbor's property, beyond merely having aesthetics he does not like--for example, if it diverted run-off in such a way as to erode his property.

Other than the above, it is difficult to see what grounds he would have for seeking removal of the fence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption