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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114797
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have 2 questions: 1. I have lived here over 15 years. My

Customer Question

I have 2 questions:
1. I have lived here over 15 years. My existing fence is 1 1/2 ft. inside my property line. Can my new neighbors connect to my existing fence without my permission? (My old neighbor did not have a fenced in yard )
2. My neighbors also put a fire pit in their yard, however, it is too close for my comfort. The wind blows in my direction and my house stinks of smoke. Also, there is no screen and the ambers fly everywhere! Did I mention that it is built by my side fence and that I have huge Leeland Cyprus trees that overhang the fence?
My concern is that ambers will land on my house,fence or my trees. Please inform me of my options
Sincerely,
Kate
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) No, if your fence is 1.5 feet inside your property line, they cannot trespass onto your property to connect to your fence without your consent, which you need to give in writing. They can put up their own fence on their property line, but they cannot come onto your property without your permission. If you do not consent, you also need to send them a letter informing them they are trespassing on your property and if they do not remove the fence you will sue them for removal and for damages for trespassing on your property.
2) If the fire pit is in a dangerous position that could set fire to your home, then you would need to start by notifying the local fire marshal to come out and inspect it and get them to make them move it if it is in a dangerous position. If the fire marshal does not find it to be dangerous, then I am afraid that you cannot prevent them from having a fire pit on their property, even if the smoke can blow onto your property.
Customer: replied 7 months ago.
Thank you. One more thing... I have 2 dogs and so do they... The problem is their dogs charge the fence whenever they see a person or my dogs in the yard. Their female pit has wound up in my yard after their male has pulled a board off the fence. Each time I have had to bring her back home.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
If their dogs damage your fence, they are responsible for the cost of repairing your fence. If their dogs continue to come into your yard, you need to contact animal control and get them to order them to properly restrain their dogs.

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