My neighbor informed the wife yesterday that she plans on tearing down the 5 foot fence between our propertys, replacing it with a 6 foot fence. I own this property and do not want her to do that. Can she do this without my permission?
by 
chuckles
ANSWERS: 6
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If the existing fence is on your property she has no right to touch it. She can build a six foot fence adjacent to it if she likes.
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if the fence is on your property, then she can't tear it down without your permission.....but if the fence is on her property, she can do as she pleases.
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Probably, but there are a couple of possibilities. First, is this part of a development? Neighborhood association rules may give you a handle to fight this if the fence would violate one of them. Second, and this is a real stretch, but it's worth asking -- does the difference between a 5 ft fence and a 6 ft fence block the view from your property in some way? I know that's a shot in the dark, but I raise it just in case. Third, is there something about the fence that you feel would have the effect of lowering your property values? If so, you might have an angle to get a change to the design. Again, I don't know enough facts to make a recommendation, just enough to raise questions you might want to consider. Beyond that, if the fence is on her property, then it's her decision about what she builds. You should also think about how important this is to you -- important enough that you wouldn't mind have a neighbor who's mad at you?
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the fence is also on the property line. If the property line is in question, who would be responsible for the surveying costs. In other words it is a communal fence.
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I believe if the fence is on your property, she can't tear it down without your permission. She can build her 6' fence on her side of the line, if she wants, but she can't touch yours. I did that once. All I had to ask the neighbor about was some bushes that were woven through her fence and whether she minded if I took them down. I was very careful about getting the things out of her fence, so as not to cause any damage to it. Check with your local HOA, or the county clerk and make sure there aren't any laws about this on the books where you live.
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the nieghbor behind my moms house tried to take some of her property with a fence I got out the survey and measured off the area found the survey marker's and showed him that an easment for utilities ran under the property and was split 3' each side of the line. I also told him who to call so that he would not hit the power,telephone or cable lines. He ignored me and did what he wanted to do and took out the phone lines! Bell South came out and fixed it! $5,600 later was his bill, plus my bill for loss of business for 2 days which he needs to still pay from five years ago! have a lein on his house!
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