Can my neighbor sue me for erecting a retaining wall and fence on my property that conforms to city standards?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my neighbor sue me for erecting a retaining wall and fence on my property that conforms to city standards?

To 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 5 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.


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