In most cases, fences are what keep the peace among neighbors. However, there are times when a fence can actually be a sore subject between neighbors. It is best to work out fence issues among you, but it is not always possible. In many cases, the fence laws will have to come into play. The following are issues that can be affected by fence laws:
Fences That Are Too Tall or Encroaching
In many towns, fences are to be restricted to a certain height. The height will vary in different areas, so you will need to find out the law where you live. While you may think that the height of your neighbor's fence will not affect you, it is important to remember that the laws also pertain to natural fencing. This includes fences that are constructed from shrubbery, which can be problematic if they become overgrown. If your neighbor has a natural fence that encroaches on your property, you may report it to the city officials.
Another issue is unattractive fencing. There are a number of reasons why a neighbor will choose a certain type of fencing, as beauty is truly subjective. If the fence is offensive to you based on attractiveness alone, there will not be much that can be done to legally require the neighbor to make changes. However, if it is unattractive because it is in extremely ill repair and rotting, you can report it as blighted property. The neighbor will have to have the fence repaired or removed if they are found to be out of compliance with the law.
Boundary Fence is in Disrepair
If a neighbor builds a fence to serve as a boundary between two homes, the fence is then deemed dual property according to the law. This means that both property owners will be responsible for regular maintenance and any repairs that are necessary. If the fence is need of maintenance or is in disrepair, the two of you need to work out the details with regard to paying for those repairs. However, should the neighbor refuse to comply, you can have it repaired yourself. You will then have to take the neighbor to court for his or her portion. However, you cannot tear down the fence without permission from the other property owner.
It is always best to maintain good communication with your neighbors, especially when it comes to fences. If you feel that your neighbor is not being compliant when it comes to a fence, file a complaint with the local authorities. Your local real estate attorneys, like Ianniello Anderson, P.C., are a great place to start as well.Share