If my neighbor wants to put up a new fence between our properties, do I legally have to allow this new fence on my property line?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my neighbor wants to put up a new fence between our properties, do I legally have to allow this new fence on my property line?
She asked me to share the cost of taking down the old one. I am happy with the old fence and can not spare the money now. She had her whole yard paved and an in ground pool put in. Her work man put her pavers right against the property line which did not leave room for fence posts or a fence without coming on my property line. Do I lhave to allow this fence on my property line, whether it is some what on my property or all on my property? And is there a law stating how far my deck and pool has to be from the fence?
Asked on June 17, 2015 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1) You do not need to allow any part of the fence on your property--it is *your* property, after all. The fence (and its posts, etc.) can go exactly up to your line, but can't go over. You can be "unreasonable" about this if you like and refuse to allow or dicuss the matter no matter what.
2) Any laws about have far back a deck and pool have to be from the fence would be part of your local bulding or zoning code--contact the building or housing department in your town or city hall for information.
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.