Can a neighbor put up a fence between yards and then expect to come on the other side when ever they want?

Question

I went out of town about two years ago and the neighbor put up a wooden 8 foot fence between our yards. I have had a lot of problems from this middle aged lady that doesn't like the fact that we have kids and I run a daycare in my home. She has yelled at us, flipped us off as well as turns her radio up loud and points it toward our yard and then goes inside. We like the fence. About a month ago when our family was gone camping she painted it white (which we liked) on both sides. She had to come on our property to do so. We had planted tomato plants between the cement side walk next to our house and her fence. She pushed them away from her fence and got paint on them. The next day she yelled at me at the mailbox that our plants were on her property because she had left from 1 to 6 inches between the actual property line and where the fence is. Last weekend we went camping again and she pushed the plants over again enough to drop the tomatoes off and bent them so far that as we pick the plants up the rest of the tomatoes are falling off and the plants are breaking. Is it legal for her to do this?

Answer 1

How is she getting into your yard? She cant be scaling that huge fence.



First of all, in most places six feet is the maximum allowable fence height. You might research your area. If she is outside of code, then whenever she gives you grief you can mention that you could report her and make her tear the fence down, completely.



Secondly, if she only left 1-6 inches, unless she is tiptoeing, then she is walking on YOUR property. Tell her to stay the heck off your property, or you will have her arrested for trespassing.



I would be inclined to build my own fence on the property line, and see how well she fits between the two fences :o)

Answer 2

You need to check with your local ordinance. Where I live, I put a fence up like that just shy of the property line so that it is MY fence and the neighbors can't take it down, but I give up rights to those few inches. And they can paint it any color they want! OR not. Her foot does not fit in that 1 to 6 inches and a fence does not give her rights to walk all over your yard!



I would call the cops on her for trespassing and vandalism, and then I would make her prove she owns that land by having a proper survey done if she didn't when the fence went up. And I am guess that she no longer has any rights to the land on your side of the fence! What a nut case! Why would she put up a fence so she can't see you, and then hang out in your yard instead of hers!!

Answer 3

I suggest you contact your local government office to find out what the ordinances say about erecting fences along property lines. At my old house, fences must be at least 12 inches on the fence owner's side. Other localities may be different.



In addition, you could also have your property line re-surveyed to verify the exact boundary. You may find that your neighbor has put it too close to the line or even on your property. In that case you can thank her very much for putting up a fence but that she is not allowed to touch it again since it is on your property.



If it is on her side legally, then you have every right to prohibit her from entering your lawn for any reason.

Answer 4

Go to your city offices and tell them what has occurred, the building of a fence right up to and including your property. Did they have a permit? are they now in violation of some city codes about set back requirements these things need to be sorted out, as the longer it goes the worse the situation will get. I realize that confronting someone , who may be hostile to anything you have to say , is the last thing you should do without having all of the nessasary proof that would be required in the court of law. Just make sure that you cover all of your bases and have all of your facts straight before you proceed with any legal proceedings . Good luck. It's really too bad that people have to do all of this , just to keep the control of their property.

Answer 5

This is a good reason to put the fence exactly on the property line. Ordinances that make the owner who erects it pull it into his yard by 6 or 12 inches are ridiculous.



Put the fence on the line then stay on your own side!!!!!!!



That 6 inches will not allow enough room for her to maintain her side without trespassing on to you.



If she keeps it up, talk to a good REAL ESTATE ATTORNEY in your area.

Answer 6

To deal with a similar situation, my son put in fence along one border of his property, put in a gate and locked it. His testy neighbor can no longer access his back yard.



If you are running a licensed childcare facility, then your backyard is probably already fenced. Lock the gate at night or when you aren't home.



In some states, like Arizona for instance, there are encroachment laws. If she put up that fence and it stays up for (I don't remember how many years), then she's given you six inches of land.



How is this lady perceived by other neighbors? Do they have problems getting along with her? Personally, I'd put a stop to her thinking she can come into your yard anytime she feels it.



I had this problem with a neighbor on one occasion. He was a crackhead who stole everything his parents had in their yard and started in on mine. Turns out all I had to do was send him a letter by registered mail telling him he was not welcome on our property or he was subject to arrest for trespassing. That was enough. Never saw him again.



You do understand that if your home based childcare service is not operating within state guidelines that she can shut you down with one phone call.

Answer 7

Depending where you live, it usually considered trespassing and that's against the law. Check out freeadvise.com and post a free question. They can help you by locations.



I have a neighbor that always lets her dogs dig under our fence and then they poop all over our yard (gross). I have remedied that by re directing the sprinkler so that the dogs get nice and dirty in the mud ;)