Can my next door neighbor legally tear down a privacy fence that divides our properties?

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Can my next door neighbor legally tear down a privacy fence that divides our properties?

She is getting a surveyor out to determine who’s property it is on it was here when I purchased the house 12 years ago and so was she. I asked if she put it up and got no clear answer. I am trying to contact the gentleman who sold me the house to find out if he put it up and if it is on my property.

Asked on October 9, 2015 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only real issue is on whose property is it? If it is on yours, the neighbor can't touch it. However, if it is on his property, she has the right to tear it down if she likes, regardless of how long it has been there. Any property owner may tear down any fence or structure on her property at will.


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