Can my neighbor sue me for erecting a retaining wall and fence on my property that conforms to city standards?
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Can my neighbor sue me for erecting a retaining wall and fence on my property that conforms to city standards?
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set the scene, my neighbor is an elderly man who complained to the city about a retaining wall on our property. The city deemed that we needed to remove and replace it, even though I could prove that the wall was on his property. This neighbor tried to block our contractors from working and the city inspector had to come out and okay the wall, which he did. During the argument about the wall, our neighbor made complaints about our old fence, which was fully permitted. We are planning to replace the fence with another 6′ cedar fence. Can the neighbor sue because he claims the fence is blocking sun to that portion of his yard?
Asked on September 7, 2015 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Legally, if the fence conforms to all zoning, etc. standards and is fully on your property, then he should have no viable claim based on "blocking sun," unless there is some easement, license, or other agreement restricting you from blocking his sun there. That doesn't mean he can't file or initiat a lawsuit and force you to respond to it--the courts make it very easy to file suits, even if ultimately they are losing or even baseless, under the theory that you want to give people the chance to get into court and see if they can prove their claims--but you should be able to defend against any such suit on the basis that you had no obligation or duty to not block his sun and he has not stated a viable cause of action of action against you.
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