what can i do to stop a fence being constructed by my neighbor between our two properties
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what can i do to stop a fence being constructed by my neighbor between our two properties
i.reported my neighbor to the police three times in the past year for beating his wife. Because of my interference he has been doing things to disrupt our lives like plowing Snow from his driveway onto the property line so it becomes hard to turn around.and when the snow melts it floods our driveway and property. Now he is going to construct a fence.of poles and cable. I think this fence will damage my property value. what are the zoning laws and what are my options.
Asked on June 17, 2009 under Real Estate Law, Ohio
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You're going to have to go to the town hall or county government, whoever makes the zoning and building laws for where you live, to see what rules, if any, are on the books. If you think you find anything useful, you should review it, along with all of the facts, with an attorney, for advice you can rely upon. One place to look for counsel is our website, http://attorneypages.com
In most cases, a property owner has a right to put up some sort of fence, it's one of the basics of property law. Unless you can prove unnecessary damage to your property's value, which wouldn't necessarily be easy, there may not be much you can do about this.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Zoning laws are very local, so you need to check them for your town. Go to city hall and ask for some help from the clerk; either he or she can help your directly, or they can direct you to the person who can.
You neighbor will have to comply with the zoning rules when he builds his fence; that includes (and you should look for) issues like height, style, whether it's allowed to block sight lines to the road, set back from the road and from neighboring property, etc. If he doesn't, you can report him to your town's building department, who will enforce the code.
However, that said, if you neighbor complies with the zoning laws--and with any laws about when work can be done (for example: some towns don't allow work on Sunday, or after 7 o'clock at night) and also complies with any other regulations (for example, he has licensed contractor, if that's a requirement)--he can build as he likes on his own property. So you can force him to play by your town's rules, but not otherwise stop him from building a fence (unless your town doesn't allow fences, for example).
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