Our neighbors built a fence and put obnoxious signs facing us, can we take them off?

Question

My dad and my next door neighbors recently got in an argument or something, and when we went on vacation they built a large fence (only on our side) and posted signs all over our side that said "no trespassing private property," "beware of dog," and "KEEP OUT!"

I'm glad they built the fence since all they do is sit in their swim suits and drink all day, but I would really prefer that they take those obnoxious signs off as it pretty much ruins are back yard, and it's not like we even go in their yard anyway so it's just to be mean. I decided to ask them myself, since I've never had any problems with them myself, and they just started yelling and saying that they'd sue if I took down the signs (it's like 1 inch into their property).

So what should I do?

A few things, our neighbors are definitely doing it to be mean, as not only did they not post signs on all three sides, they didn't even build a fence on all three sides, just our one side.

Also, I have no problem with the fence itself at all, I just don't like the rude signs they put on their fence.

I read everything I could find on St. Paul, MN zoning, sign, and fencing laws but haven't found anything specifically. I've e-mailed the city complaints office to see what they say as well.

Also I'm not after money, and don't especially want this to escalate either, I just want the signs down.

Anyways thanks for all the great answers so far!

Answer 1

not a dang thing on your own. If you remove the signs, the problem can escalate as he can charge you with trespassing, theft, and probably something else.

Realize that you are not going to make this situation better by take action that would be seen as negative to them. You could check your subdivision restrictions and/or possible city codes, but I doubt anything will provide you with relief in regards to the signs.

You really have two choices, your family will have to ignore and avoid all contact with them until they tire of this game, or every act or word from your side must be towards reconcilliation. Anything in between will simply fan the flames.

Hope your other neighbors are still nice to you.

Answer 2

If the fence is on their land, and if it complies with all local and state zoning regulations, then it is next to impossible to have it removed. It's called a "spite fence." I'm a lawyer and I've dealt with this situation. However, the laws in your state may differ from those in mine (Florida).

The first place to look is the Planning Department in your city (or county if you don't live inside the city limits). There will be some sort of regulation about fences and also about signs. (You may also be able to find the regulations online at the site below.) If the fence and signs comply with the regulations, they can usually stay. If not, the Code Enforcement Department will make them bring the fence and signs into compliance with the code.

However, there may be a state statute or case law (a court decision written by a judge) that would allow the fence to be declared a "nuisance," an infringement of your "right to view," or some other legal infringement of your rights.

Finally, your subdivision may have rules (usually called "restrictive covenants" or "covenants, conditions, and restrictions") that require the subdivision to approve fences and signs before they are built. If the fence and signs violate those rules, then your neighbors can be made by the subdivision to bring them into compliance. Your local Clerk of Court's Recording Department will be able to give you a copy of your restrictive covenants, if your father doesn't already have them.

I don't mean to sound so condescending, but I don't know how much you know about the law.

Answer 3

You can't do anything. Unfortunately, based on the information you've given me they're doing nothing illegal as far as I know. It doesn't matter how far in their property the signs are, if you touch them you could be sued. They also have a right to post signs such as "Keep Out" or "Beware of Dog" if they want to, as long as it's not on your property. The only thing you really can do is just ignore the signs. I'm sure you're not the only one with the signs facing your backyard, they probably posted them on the outside of the fence on each side of their property. I doubt that the people are doing this to be mean, they deserve their privacy.

Answer 4

You can try to sue the neighbor. If it's money you're after, you can sue in small claims court to compensate for your loss of enjoyment of your property caused by the offending fence. Unfortunately, the fence will stay up, although if it is a constant annoyance to you, you can sue more than once. If you want the fence removed, you must sue in regular trial court where, unlike small claims court, a judge can issue an order (usually called an injunction) to accomplish this. Taking this route will probably require hiring a lawyer. And be aware that the judge will look for the least drastic remedy--such as removal of a small portion of the fence. A hideous fence could reflect an intent to annoy a neighbor, and if it's useless to the owner, it may be an illegal spite fence. Conformity with the community must be balanced with a person's freedom to use her property in a reasonable manner.

Answer 5

you might check the surveys of both lots . sometimes people make mistakes when the put the fences in. lots are recorded incorrectly or they are shown approximate boundary lines when they buy the house. you could have a professional surveyer come out and tell you if the fence is within his rights.
if the guy is off / the surveys are not right , you can make him take it down and you should because he would be encroaching on your land . if you let it slide , he will eventually get that little bit of your lot. one inch is not a lot ... i don't think they should be that close to your line.

is there a homeowners association ... if so, they should set guidelines about what kind of fence / signage can be put up.

Answer 6

The legal term for this is "spite fence." It doesn't matter that it is built entirely on your neighbor's property. It is a private nuisance, and if it truly bothers you, you can go to court and request an order that the fence be removed or modified to eliminate the annoying characteristics.

Answer 7

I would call that trimming the branches off of his tree so they don't fall onto the fence. Also, if he cuts back one part of the tree, that allows the tree to use that saved energy to produce more fruit on the remainder of the tree, so he would get more an better quality plums on the part he can reach. It also says that it is time for you to get your own plum tree and quit mooching of your neighbor without asking. (Tell your wife howdy.)

Answer 8

Talk to a lawyer about it first. I personally believe the signs affect your living space and therefore are an intrusion into your space. However, the legalities are what matter in the end.

Answer 9

If it's 1" onto their property, then you cannot take them down.

But there is nothing stopping you from putting up another fence 1" onto your property to block their view.

Answer 10

Put up a privacy fence on your side to block the view, that will twist their shorts.