Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Has the neighbor nailed the gate shut to keep you from coming on his side of the gate onto what he says is his property?
Is the fence that you want to take down entirely on your property?
Do you know who actually put the fence up originally?
Just a few moments while I type a response...this isn't an instant process.
Ok, thank you for that information. The issue here is whether you have an easement to enter the neighbor's property to maintain your own side. If not, and the fence is on the property line, then the neighbor doesn't have to allow you to enter his property, even to maintain your own.
But if there is a gate the crosses over both properties, and the previous owner of your home installed it, then it is your gate and is your personal property. So you have the right to remove it and do whatever you want with it. If you can remove it and it gives you enough room to work on your property while still staying on your land, then that will solve the problem.
If not, then considering the high density of the area, there might be some local ordinance that allows one owner to enter another owner's land for maintenance like this considering the close proximity of the houses. I would suggest contacting the local Planning and Zoning office to see if there is any local ordinance or rule that allows this.
You are very welcome. Happy to help any time..
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