Legal Fencing on Property Lines: Understanding Your Property Boundaries
When a neighbor builds a fence that appears to extend onto your property, it can be a source of frustration and legal concerns. How can you tell if the fence is legal, and what steps should you take if it encroaches on your property? This article explores these issues and provides guidance on how to handle the situation amicably.
Understanding Property Line Claims
When a fence is built on your property line, it can be unclear whose property the fence is on. In many cases, the fence is built entirely on one side of the line or the other. It is also possible for the fence to slightly encroach on the other side, which can lead to disputes.
Encroachment Less Than an Inch
If the encroachment is extremely minor—measuring less than an inch—this is usually not significant enough to cause an argument. The fence can be considered to be entirely on one side of the property line. It's important to consult surveys and permits to determine the exact location of the property lines.
Removing the Fence Without Legal Action
If you want to remove the fence, you may need a court order. This is because the fence may have been legally installed, surveyed, and permitted. If this is the case, removing the fence without legal permission is not advisable and can lead to legal complications.
Amicable Resolution Through Discussion
Before taking any legal action, it's often wise to approach the neighbor with an open and friendly discussion. By talking to your neighbor, you can avoid legal disputes and maintain a good relationship. Here are a few steps you can take:
Discuss Before Taking Action
Not only should you discuss the exact location of the fence, but you should also solicit the neighbor's input on any changes. For example, if you are considering repainting the leaking parts of the fence, it might make sense to include the neighboring side of the fence as well. This can help create a win-win situation where everyone gets what they need.
By discussing the project and its potential impact on both sides of the fence, you can ensure a smooth and amicable resolution. This approach can also help you avoid misunderstandings and unnecessary legal battles.
Legal Implications of Encroachment
According to property law, the fence must not encroach beyond the surveyed boundary line. If a fence is built on another person's property, it may be considered theft of property. In such a case, the fence can be legally removed by the rightful owner.
Taking Action if the Fence Encroaches
If you find that a fence is built on your property, you have the right to remove it. This can be done if the fence does not have a proper survey and permit. It is important to gather evidence, such as surveys and permits, before attempting to remove the fence.
What to Do When Excuses Don’t Apply
When a neighbor constructs a fence that encroaches on your property, it is crucial to approach the situation with a clear understanding of property boundaries. Simply stating that a fence should be legal because it follows a property line can be insufficient. You need to ensure that the fence is built on the correct side of the property line and that it has been surveyed and permitted.
For instance, if the fence is built on top of the property line, it is considered to be entirely on your property. If the fence intersects with the property line and encroaches onto your land, then it is a violation of your property rights.
Conclusion
Understanding the legal implications of a neighbor's fence is essential for avoiding conflict and ensuring proper property lines. By discussing potential issues with your neighbor and ensuring that any construction adheres to legal standards, you can maintain a peaceful and respectful relationship with your neighbors while protecting your property rights.