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Our neighbor wants to extend their fence, however, we told…

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our neighbor wants to extend...
our neighbor wants to extend their fence, however, we told them that the current one is actual 4" on our property.... but then they said they can extend their fence 5 ft from their fascia per washington state law...
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 6 hours by:
5/21/2015
Real Estate Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
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Hi,

My name is ***** ***** I'd be happy to answer your questions today.
A person can only extend a fence up to their property line. They can't build a fascia on the edge of their property and then extend five feet onto their neighbor's land. That's quite simply not how it works.
Also, if the fence has been on your property for less than 10 years OR if you gave the prior neighbors permission to put the fence on your property, you can require them to move it (unless you specifically granted an easement, but you'd know if you did that because it's a contract).
There are a few options here:
1. Have a local attorney send a demand letter explaining the law to them and they you'll sue for trespass if they bring their fence onto your land further.
2. Send a letter, but also demand that they remove the fence that's currently on your property immediately.
3. Go directly to court and request an injunction so if they try to extend the fence, they'll be in contempt of court (which could mean fines for every day the fence is there).
4. Go to court and file a request for an injunction and an Action for Ejectment, ordering them to move the fence of your property at their own expense.
If you go to court, you're also entitled to the cost of restoring your land to the condition it was in before the fence went up - so, if there are holes from the fence, or if they planted things on their side of the fence you don't want there, or if there's no grass on their side of the fence, they also have to pay to put your property back the way it should be.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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