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My neighbor is constructing a 7 8 foot fence along the

Customer Question
My neighbor is constructing...

My neighbor is constructing a 7 8 foot fence along the boundaries which will end up making my property look unslightly...all this trouble started when his 80 pine tree fell across my lawn and I took him to small claims court and won a judgement against him...he hasn't talked to me in 4 years now this fence is degrading to my property what can I do

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much for this conversation?

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
8/26/2017
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,280
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 11 months ago

As a general rule, so long as he follows the local code, he is free to erect a fence on his own property without your permission.

What you can do is confirm if a permit is required and that he has taken one out if it is.

You would want to call the local building department.

Also, you may want to order a boundary survey to confirm he is not encroaching on your property.

Otherwise, I am sorry to say, he is legally within his rights to erect a code compliant fence on his own property.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Real Estate Lawyer: Loren, Lawyer replied 11 months ago

Did you have further questions? Please let me know if I have answered your question.

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Real Estate Lawyer: Loren, Lawyer replied 11 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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