2007-07-14 05:12:20 · 14 answers · asked by cdougher1126 2 in Politics & Government ➔ Law & Ethics
Our backyards are separated by a chain link fence and we have a wooden fence on our side, so they put up a fence right behind our wooden one, so the new fence sits between the wooden one and the chain link one.
2007-07-14 05:17:51 · update #1
Yes you are in your right to take it down....but see a solicitor.
2007-07-14 05:16:48 · answer #1 · answered by Anonymous · 1⤊ 1⤋
At this point it's a civil matter between you and your neighbor. However, what you can do is call your community development/code enforcement office and see if they obtained a permit. If they didn't get a permit. you can make that an issue.
You should also get a survey of your property to see exactly where your boundary line is.If it's on your property you can have the fence removed, but if its not then there isn't much you can do. If it's on the border then you can decide whether or not you want to pursue legal action.
2007-07-14 13:38:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As others said if you just tear it down you could end with all sorts of issues. Spend two hundred bucks or whatnot and have a survey done...... just to make absolutly sure. You can always take the guy to court and get the money back.
It might even turn out that the chain link fence is on your property. Then you could tear that down if the people get difficult enough.
Or if the wood fence is yours you could paint one side some horrible color.
2007-07-14 13:13:41 · answer #3 · answered by jackson 7 · 0⤊ 1⤋
Those who told you to tear it down are NOT attorneys and they are legally wrong.
Not only do you have to prove, by survey, that the fence is indeed on your land, but you also have to mitigate the damages. For the court to order it removed, you will have to show that your survey shows the fence on your property AND that you have sent the owner a demand letter informing them that the fence is in violation of your property rights AND the right to civil recovery if it is not removed within a certian amount of time.
2007-07-14 14:12:52 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
If you have a survey showing the property line an the fence encroaches on your property than call code enforcement let them deal with it . Also did he have a permit are there any permits for any fences??No don't touch the fence let code inforce it.Or you will only have more issues.
2007-07-14 12:44:31 · answer #5 · answered by 45 auto 7 · 0⤊ 0⤋
Yeah, but only if you are certain that it is on your property. Get a survey made to be sure, and then go talk to your neighbor. Once you start tearing his fence down you are going to get sued. The better option is to sue him first, if he won't respond to your request to move the fence. That way you wouldn't appear to be a jerk to potential jurors.
2007-07-14 12:19:27 · answer #6 · answered by webned 6 · 0⤊ 0⤋
if your neighbor had taken some of your land while putting up the fence show him where the property line is and then tell him that he has to move the fence off the property (yours).
and try and get a map of the area to back up your asking him just in case he try's to start to argu about it .
2007-07-14 12:18:56 · answer #7 · answered by atlantismeditation@sbcglobal.net 6 · 0⤊ 1⤋
Your question struck me as funny. In our case we can't put a backyard fence UP because the neighbors use the space between the yards to pull their big *** boat and camper out of their yard. If we put up privacy fencing it would cause a lot of hard feelings.
Good luck with your problem. I hope it all works out for you.
2007-07-14 12:27:02 · answer #8 · answered by seashell 6 · 0⤊ 1⤋
Generally yes, but you should give the neighbor the opportunity to take it down; and if you do so yourself you must return the parts to the neighbor. If you prepare your case properly you can have a contractor take it down & get the neighbor to reimburse the cost.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-07-14 12:19:17 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Check with the local planning commission and make sure it actually is on your property.
File a complaint ASAP if it is in violation and encroaches on your property.
Force the city or county to make the neighbor take it down or pay restitution.
2007-07-14 12:17:05 · answer #10 · answered by Cadillac1234 2 · 0⤊ 1⤋
You can dismantle it for sure but why not get to know your neighbor and tear them all down
2007-07-14 12:21:00 · answer #11 · answered by Terry 3 · 0⤊ 1⤋