May I legally put up a trellis across the top of a fence sharedwith a neighbor?

UPDATED: Mar 6, 2012

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May I legally put up a trellis across the top of a fence sharedwith a neighbor?

May I place a trellis across the top of a fence that is shared by a neighbor and attach it on my own side? The fence was in place when we moved in about 25 years ago. The neighbor has been in residence about six years. I have already tried to put this up and the neighbor came out and said take this crap down from my fence or I will do it my self.

Asked on March 6, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or no you are entitled to intall a trellis on the top of a jointly shared fence depends first upon what the local building and permit department states about the issue. If you are allowed to do so by the local building department, then the issue then becomes whether your neighbor can object to the placement on the jointly owned fence.

My gut feeling is that you are entitled to do what you want to do with the trellis since the fence is jointly owned regardless of the neighbor's sentiments. Should you do so, you most likely will end up in a dispute from what you have written. I suggest you consult with a local real estate further about your situation and desires.

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 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.

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