can a property owner attach mesh netting to the bottom of a neighbor’s fence to cover a 12 inch gap between the ground and the fence?

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can a property owner attach mesh netting to the bottom of a neighbor’s fence to cover a 12 inch gap between the ground and the fence?

Neighbor had new wood fence installed about 9-12 inches
above ground leaving a gap so that animals can go thru. i
want to attach mesh netting to the bottom to close the gap
from my side. Is this legal? Neighbor has emotional problems,
not easy to communicate with.

Asked on August 26, 2017 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't do this. The fence is *his* property, not yours; you have no right to attach anything to, modify, damage (e.g. by driving nails or screws into), etc. his property. You have to something completely on *your* land, not touching anything he owns, to do this. If you were to attach anything to his fence, he could worse you to remove it and repair any/all holes, damage, etc. at your cost.


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