Hi, I built a cinder block wall around my property. Had a permit approved by the city of Rio Rancho. One of my neighbors declined to approve the construction of the wall. So I still went ahead and built the wall one foot within my property line. Although the old wooden fence still remains, this wooden fence is owned by me. This neighbor now wants to build another cinder block wall on his side, can he legally make me tear down the wooden fence that borders our property? According to him I will be getting a order to tear down the wooden fence.
Country relating to Question: United States
State (if USA): New Mexico
Since its a holiday no attorneys are working.
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Good afternoon. As long as the wooden fence is on your property, you will not be forced to remove the fence. You own your property and have the right to fence in your property...which also includes the right to have an outside perimeter fence and an interior wall. If the neighbor has obtained any such order, it had to have been obtained under false assumptions and if presented to you, you should contest it and get it revoked. You cannot legally be ordered to remove something from your property that was previously acceptable.
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This wooden fence is on the boundary, seperating his property and mine. I read on http://www.ehow.com/list_7402516_responsibility-neighbors-fences.html Spite fences paragraph that he could order this. The fence is the same fence that has been standing there for over ten years (or atleast since I bought the property three years ago). That is what I think he will use as basis, hence the reason I am asking you guys before I go find a local attorney.
The neighbor is not going to prevail on this. The fence that they are trying to remove is not a spite fence...it's been there for 10 years. The only fence they could possibly try to remove as a spite fence would be your new wall. But, the spite fence law, specifically codified in CA Civil Code 841.4 relates only to the spite fence, not another fence.
Texas lawyer for 32 years; Also RE developer
Outstanding, now would you know any attorneys here in Rio Rancho New Mexico?
Unfortunately, JA does not allow us to make specific referrals....but either the state bar association or the local law schools would be great referral sources.
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