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

UPDATED: Sep 29, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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 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.

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