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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116817
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in an attached house. I have changed the front fence

Customer Question

I live in an attached house. I have changed the front fence and got permission with my left side neighbor to construct that part of fence. I have problems with my right side neighbor who claims that the existing fence belongs to him and I should not touch it. The other parts of fences that I removed consisted of a metal frame and green chainlink wire. The contested fence also consists of a metal frame and green chainlink wire. My neighbors fence consists of a metal frame and silver chainlink wire. Having this problem I got a survey of the land. The fence in question starts straight but ends in a zigzag curve to the front of my window. Some parts its about 2 feet from the surveyor's line. The length of fence in question is about 13 feet. When I draw a line from my house to the side walk, my neighbors steps are also encroaching 3 and a half inches. He redid his steps about 2 yrs ago. He sometimes also flies a flag outside his house. the frame also is encroaching on my side of wall. I do have a security camera on that side of my house and many times the flag blows and blocks the view of the camera and the front of my bay window. How could I solve this problem? I went to mediation recently but he refused to compromise. Can I go ahead and build my fence?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 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.
Yes, you can build your fence on your property. You also need to send him written notice to remove his fence and his steps off of your property so you stop him from trying to claim he has a right to your property where his steps and fence are based on adverse possession. If he refuses to remove his fence or steps from your property then you need to sue for a boundary dispute and get the court to eject him from your property and force him to remove the fence and stairs off of your land. In the meantime you can build your fence, but if it requires you to remove his fence or steps, you need to go to court and do not want to get involved in any type of other encounter with the neighbor if he is uncooperative as you describe.

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