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Fencing Question

Saint Paul, MN |
Filed under: Real estate

We put up a fence well within our property line a few years ago. The neighbor at the time put up a big fuss over everything so we just put the fence about 4-6 inches into our property. I see now she has nailed and screwed things into our fence and the sharp ends of these are sticking out 2-3 inches on our side. Can she do this? Not only does it not look good, it is unsafe for our kids. Normally I would just ask her to remove them, but she will turn it into a huge deal.

Attorney Answers 2

Posted

The first question I have is whether you have had the property line marked by a licensed surveyor. If you have not, have the lined surveyed so you definitively know the location of the property line.

After you have had the boundary line surveyed and determined that you fence is located within your property, you should send a letter together with a copy of the survey to your neighbor with a demand that she remove the attachments to your fence. Make sure the letter includes a deadline for which the attachments are to be removed.

If she does not remove the attachments, you can remove the attachments provided (1) that you can do so without trepassing onto your neighbors property; and (2) that you will not damage your neighbor's fence or the other attachments to your fence.

If you cannot remove the attachments without trespassing or damaging the neighbor's property, I suggest that you bring a lawsuit to obtain a court order demanding your neighbor remove the attachments, allowing you to remove the attachments and/or to be awarded any damages you may be entitled as a result of the neighbor's attachments.

I hope this information is helpful.

The response given is not intended to create, nor does it create an attorney-client relationship or create an ongoing duty to respond your question. This answer should not be relied upon as legal advice as the answer and information provided is based upon the limited facts provided by the information provided in the question. This response may change based upon additional facts concerning the issue provided in the question. I am licensed to practice law in the State of Minnesota, as such my responses are based solely on Minnesota law.

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Posted

Assuming the fence is actually on your side of the property line, you have the right to ask her to remove it. Not only is the fence your property, she is also creating a hazard.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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