What to do if I want to build a privacy fence on my property but my neighbor keeps saying they are going to sue?

UPDATED: Sep 30, 2022

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What to do if I want to build a privacy fence on my property but my neighbor keeps saying they are going to sue?

We just had a property survey done and want to tear down our chain link fence and put up a privacy fence we don’t get along with our renting neighbor’s on one side. We want our new fence to go up along their driveway using our property – the owner said if it is 1 inch over on his property he will sue, so we are making sure that even the concrete that will be poured underground will be only on our property Not the property line but our property According to the fence company we are using, they will then have no grounds to sue, I just want to make sure that is the case. I have searched the internet for any state fence laws that might apply the only thing I can find it livestock laws don’t apply height of the fence guidelines for our area not exceeding 6 foot which is what we are getting. There is even a section of the fence that we already have that has a portion on their side we are just leaving it to make sure.

Asked on November 1, 2016 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF it is 100% on your property, there is no grounds or basis for your neighbor to sue--they have no control over what you do with/to your own property--unless there is some harm done to their property in the process (e.g. it interferes with drainage, causing them to flood; in the process you cut tree roots, hurting their tree; etc.). 
Of course they may disagree with where the border is, and could potentially sue on the grounds that you *are* building on their land. Then a court, based on surveys, etc. will determine who is right and who wrong, and where the boundary is.

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