Can my neighbor legally attach to my fence post?

Asked over 4 years ago - Olympia, WA

Hi,

My neighbor and I had a verbal agreement that we were going to share the cost of the fence that lies between us. We picked the vendor, the installation time, and the cost together. However, it was built about 1-5 inches in my propertyline. Once my neighbors saw this, eventhough they were there when it was erected, they refused to pay (we only had a verbal agreement). Now they have attached their gate, and backside fence to our fence without permission. Can they legally do this? What happens if my fence breaks and takes down part of their fence? Am I liable?

Attorney answers (1)

  1. Ryan Ducharme White

    Contributor Level 6

    Answered . While the terms of oral agreements are often difficult to prove, they still bind the parties in many circumstances. So, depending on the substance of your agreement, you may have a cause of action against the neighbor.

    Perhaps more importantly, anything the neighbor constructs on your property without your permission could give rise to a claim for adverse possession and result in your loss of part of your property after 10 years (or less). Accordingly, you may need to act now to prevent a future loss.

    (Nothing in this answer should be treated as legal advice and this answer does not create any attorney-client relationship)

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