Can my airconditioner hang over my neighbors property line if mounted off ground to my house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my airconditioner hang over my neighbors property line if mounted off ground to my house?
Between our houses my condensor hangs over my property line and over my neighbors. As I stated the unit is mounted to the side of my house off the ground. This is in St Louis City, MO.
Asked on July 6, 2009 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Probably not. Generally speaking, unless there is an easement or other grant of rights, a property owner controls not just the ground level access to their property, but access above the ground, at least up to a reasonble height. If your A/C unit is trespassing over their property line, the fact that it is off the ground does not make it any more legal than if it was on the ground--otherwise, that would be an easy way for anyone to get around another parties property rights. If your neighbors complain, you may be forced to move it. (As an alternative, if they complain, you might be able to negotiate with them--pay them something for the right to extend over their property, or grant them some right over part of your property that helps them. If you do, just be sure to get everything in writing.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.