If there is an exixting fence on your property for 18 years are you able to replace it where it stands?

Answer 1

you would think so BUT it probably depends on town/city ordinances...

Answer 2

many factors, need more info

But in general you have a right to replace the fence but their are exceptions: First lets assume it's on your property but sits right along the property line, new code may require all new fences to be set back say three feet from the property line and your old fence sits on the property line no problem with old fence grandfather in but if you to replace the old fence with a new fence then you will be required to comply with the new zoning rules and fence must sit back the allotted feet.

Second if fence does not sit on your side check state law but adverse possession is usually like 21 years so you would not be able to replace the fence over some one else property

Answer 3

How long it's been standing there doesn't matter in the least. You don't have squatter's rights. If it's your fence and you go to replace it, you can only build on your own property. Check the property boundaries as they are laid out by the surveyor's markings. If it's already all on your property, then you should be able to rebuild it with no problem. Check with your local zonings and ordinance. They usually encourage fence building, not discourage it.

Answer 4

The most important question is whether zoning and housing codes allow it. As far as property ownership, you'll need to check your state's laws, but generally you should be good because of the doctrine of adverse possession. A fence will typically qualify as being an entry, open and notorious, under a claim of right, and 18 years should satisfy most modern statutory periods for this doctrine (the traditional time was 21 years, but most states have been shortening this time period legislatively.) So zoning/housing codes are most important here, not really whether you actually own the land.

Answer 5

Typically YES but you may just want to check with any local building oridanences. Those can be goofy . I had a fence removed and replaced in the same spot I didnt need any permits.
Check for any height restrictions as well. Where I live it cant be higher than 6 feet.

Answer 6

Yes, unless you are over the property line or too close to the property line and are supposed to leave a green belt area. Either way, you could probably "repair" the fence as long as you don't draw too much attention to it.

Answer 7

It all depends. Let's say that fence is in an easement. If that easement hasn't been used but then let's say the utility department decide they need to use it, they can tear it down if they want. It depends on property lines and a few other things. Call your Building/Zoning Department - they have people who can tell you in your county (these can be county laws)

Answer 8

Are you sure it is your property? You may need a survey to determine if it is in fact your land. Also, some towns have specific regulations for fences so you may want to check with your local town hall.

Answer 9

if it is on your property you can do whatever you want. if it is directly on the line delineating you and your neighbor, talk to them first. Get an accurate property survey so you don't accidentally remove a fence on someone elses property.

Answer 10

It depends on a lot of things. You may have to apply to the Zoning board in your area for approval, since that might fall under developing the property.

Also, if there's a Homeowner's Association (HOA), you'll have to check with them on what the rules are for these things. They can be VERY picky and can put a lien on your house if you don't abide by their rules.

Answer 11

Yes, but some cities require a permit and for you to follow city code when replacing rather than repairing.