Possibly. However, the adjoining property could claim that he is the owner of the land beyond the fence you want to remove. See a real estate attorney in your area for more info on your state's laws in your particular situation.
==One Answer== First you should take photos of the fence making sure your property line is indicated in the photos and the encroachment is clearly shown. Then you should send a polite, businesslike, dated letter to your neighbor. Stick to the facts and be polite. It may be needed as evidence in court later. Request that the fence be removed because it is on your property. Send the letter by certified mail and make certain to keep a copy and the green card proving it was received. Request that they respond within a reasonable period, two weeks. Request that they remove the fence within a reasonable period, 30-60 days (you decide). Provide an email address where they can respond to your letter and keep copies of any correspondence they send to you. If you can get your neighbor to discuss the situation by email that makes for excellent evidence if you need to go to court. Remember to always be polite. If they ignore your letter you should consult with an attorney before you take the fence down yourself. Bring your evidence with you. One of the first questions they will ask is how long has the fence been in place. Depending on the laws in your jurisdiction the attorney may tell you that you have the right to remove the fence yourself.
Build a fence. It is not uncommon for land owners to fence off their property to keep people or animals out.
A common fence is a shared boundary structure between two neighboring properties. It is typically built and maintained by both property owners to provide mutual benefit and to mark the separation of their land.
If the plants are on your property they may be planted along your neighbors fence. However, climbing plants that will grow over the fence cannot be planted along your neighbors fence. Caveat: Make sure your neighbor has not installed the fence "inside" their property line so it lies a short distance FROM the property line. That is the practice in some areas and is required by the city ordinances in some areas. In that case, the land along the fence would belong to your neighbor. You need to determine where the property line is located and not assume the fence is on the property line.
You have no reason for making a claim on your neighbours property firstly because you have said that his fence is 15 inches into his own yard but if you have had your fence up against his then this would mean that your fence is on his property and he can ask you to move your fence back by 15 inches as the land is his and not yours though again it would depend whos yard the fence posts are in because if your fence posts are also on his 15 inches of land then the fence is lawfully his too and not yours and the same goes for him if his fence posts are on your property then lawfully the fence is yours as the ownership of whos fence all lies down to where the fence posts are and not the actual fencing part of it. Additional information can be found on the discussion page.
Simply no you do not have any legal responsibilities regarding your new garden fence but make sure that it is actually in your garden you can check this by looking where the supporting posts are as they must be on your ground and if they face your neighbours garden you may need to move the fence in a little bit otherwise they could take it down if the posts are on their land so the answer is no as long as the supporting posts are on your own ground then you can look at the pretty side of your fence.
You first have to prove this fence is in fact, on your land and not your neighbors. You do this by obtaining the survey that is filed along with your deed. And then, if there is further questions, you might have to hire a survey company to re survey your property, physically mark the property lines and then give notice to your neighbor that his fence is on your property, justified by a copy of the survey and give him a time frame in which to remove this fence. Then, if it is not done, remove it and sue for the amount it took to remove it. You should read the contract you signed when you purchased the property. Many contracts for the purchase of land will state if an existing fences is the property line regardless of what a survey shows.
This brings up lots of questions, do you own your property and the land with the fence? Does the neighbor own their property, land and FENCE? This is important because this will help determine who has maintance of the property. If you own your property, you need to check your map and deed for reference to the fence. Once something is established, such as your neighbor controlling the maintance of the fence, it is harder to change it later. You need to get some info. regarding who has property rites to the fence. If it is the neighbors alone and your land doesn't abutt or even come close to the fence, then it would be up to you to talk with your neighbors. You might need to show them the maps etc. and explain that the fence is not your responsiblity. But if the fence is on your land only, which would show on your maps then you have a different problem, your neighbors feel that it is at least partially theirs to maintane and control. Then you would need to straighten that out. Last, if your maps and deed shows that the fence is on the property line, you will need to decide how you want to handle this issue. The way you said "MY neighbors" makes it sound like you feel like it is their fence, get the info together and then talk with them. It would be best if you can make some settlement. Proper or not, you need to move forward and the best way to do that is knowledge. It doesn't sound like etiquette is the major problem, knowledge will solve alot or your problems. Then just use that information with courtesy, and respect. Once you have the information you need and can show you neighbors, solving the one sided painting, can start with a joint meeting, hopefully done as a small get to together, to look at your data, and talk over everyone's options. Keep things casual and friendly, have an open mind. There are many solutions to the painting issue, but you didn't ask about that, so I'm not addressing any of those.
They can nail into your fence but if they violate your property line you have grounds for legal action and you will win.
Privacy fences are a great investment for families living in close proximity with their neighbors. They can also provide added safety for those families with small children or animals that may tend to wander if allowed to roam free. One thing to be very mindful of when installing a privacy fence is the property line. It is imperative that a land owner check with the appropriate authority (county, city, or land owners association,) before installing a privacy fence, to ensure it is being installed on the actual property line, and not on the neighbors� property, or on the city�s property.
It depends upon where the fence is, who put it up, why it was put up, why it was put where it is, whether the previous owners had any agreement with the neighbors, who has been paying the taxes on the land on the other side, and how long the fence has been there, among other things.In many places, putting up a fence becomes the newly defined boundary line, so you would no longer own anything on the other side of the fence if you failed to have it removed in a timely manner. It's called adverse possession.If nothing was done in time, then the neighbor "owns" the land on the other side of the fence, regardless of what your deed may say.Interestingly, even if they remove the fence after it has been there long enough to give the neighbor vested rights, you still don't get the ownership of that land back, and you may need a quitclaim deed from the neighbor. Good luck with that.
If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.
it was won in a war fought between the Mexicans and the French. The US claimed the land after the Mexicans won the war. The US built a huge fence and told them to stay out