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Roger
Roger, Attorney
Category: Legal
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City of Chicago, Cook County Illinois. The owner of the ...

Resolved Question:

City of Chicago, Cook County Illinois.
The owner of the house next door put up fence. It is a wooden, pressure treated 6ft tall by 8ft sections dog-eared fence. A permit was issued. The fence is set back about 2 inches from the property line on their side and the good side is facing our property.
The person living in the house is not the deeded owner…

As far as I am concerned only the owner as listed on the deed has the right to answer to, or bring up any questions about the fence ?
Any issues regarding the fence, short of vandalism, are a civil matter, rather than a police matter [ criminal ] and have to be addressed in a court of law, if the property owners cannot reach an agreement.
[ The mother living in the house ( not the owner ) insists the entire fence including the side of the fence facing us has to be stained an ugly green color. Also, I have also hung 6 plaques on the side of the fence facing us. The mother, not owner, insists they have to be removed.]
Submitted: 9 years ago.
Category: Legal
Expert:  Roger replied 9 years ago.

If the fence is not on your property, you cannot complain about anything they do with it (including painting) unless it is against some city or county ordinance.

Also, you don't have the right to hang any plaques on the fence - it's not your property. They could charge you with trespassing for this.

Customer: replied 9 years ago.
Reply to Adam Kirk's Post: As far as I am concerned only the owner as listed on the deed has the right to answer to or bring up any questions about the fence ?

Any issues regarding the fence, short of vandalism, are a civil matter, rather than a police matter [ criminal ] and have to be addressed in a court of law.

Two questions were not answered..Does the non owner have the right to tell me about the issues or only the deeded owner ? And if the hanging of plaques is trespassing is this considered a civil or police matter
Expert:  Roger replied 9 years ago.

While the owner of the property certainly has the right to be involved, the tenant also has rights that must be respected, after all, the tenant is paying to live there and is entitled to quiet enjoyment of the premises. The tenant likely has standing to be involved just as the owner does. You certainly have the right to your opinion, but I don't think it is legally fool-proof.

Trespassing is a criminal and civil matter - you could be charged with both.

 

Expert:  Roger replied 9 years ago.
Please let me know if you have any additional questions.
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