Can a neighbor who dislikes my fence make me take a down?
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Can a neighbor who dislikes my fence make me take a down?
I replaced my old chain link fence with a new chain link fence. I hired a fencing company, got the permit from my town and informed my neighbor about it. After the new fence was installed, the neighbor stated he does not like it. My property is about 2 feet higher than my neighbor’s on an upward slope. The new fence does not cover the retaining wall and the neighbor does not like that. The old fence did cover the retraining wall. The town inspector is an old friend of my neighbors and according to the inspector the fence is on my property. Who is legally right?
Asked on December 14, 2011 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally, you could potentially be made to take down the fence only if:
1) It infringes on the neighbors land (i.e. it's partially on his property);
2) It violates local code or ordinances--every municapality may set its own laws about fence height, acceptable types of fences, etc., so you need to check these laws for your city/town; you can find them at town hall; or
3) The fence has some other significant detrimental impact on your neighbor's property, beyond merely having aesthetics he does not like--for example, if it diverted run-off in such a way as to erode his property.
Other than the above, it is difficult to see what grounds he would have for seeking removal of the fence.
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