In April (2007), we had a fence put up in our backyard that is indented 6 inches inside our property line. Last month our nei...
Full Question:
In April (2007), we had a fence put up in our backyard that is indented 6 inches inside our property line. Last month our neighbor put up a fence that is identical to ours, but did not totally enclose his backyard and is therefore benefiting form our fence. They say because neither of the fences are ON the property lines what they are doing is legal, they also do not feel they should compensate us in anyway for our fence assisting in the enclosing of their backyard. They say they do not see how they are benefiting from our fence.
We do not want money, we simply want them to complete their fence, because now 6 inches of our property is in their backyard, and we do not have access to it. We are worried about any liabilities this can cause, and if there is any future damage to the fence we will have to pay for it. Is it worth taking them to court? Are they in the wrong?
07/08/2007 |
Category: Real Property ยป Encroachment |
State: New Jersey |
#6990
Answer:
Since you built your fence first and chose not to put it on the boundary line between your property and your neighbor’s property, you have no recourse against your neighbor.