Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good morning. I Loren, a licensed attorney, and I look forward to assisting you.
Are you saying that the neighbor encroaches on your property?
Are you there?
I asked you for additional information. Are you saying that the neighbor encroaches on your property?
Thank you for the additional information. Did your door encroach on the neighbor when it was opened?
You can contact the municipal building department to determine if the proper permits and code compliance are being met. However, it is unlikely that they have violated any code if the fence is entirely on their property.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
When you call the building department ask that they send out an inspector.
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Yes, I understand. Your remedy if the fence is in violation of height or code restrictions is to contct the building department to send out an inspector and cite the owner to bring the fence into compliance or take it down.
This ordinance may be applicable since your access has been compromised:
But you still need to contact the building inspector.
Did you have further questions?