Can my neighbor put a fence up without out my permission?

Question

Dara J. Goldsmith · Answer

It depends upon a number of issues, State law, local law, whose property is it on (yours, his or both) and the CC&Rs (if any) where you live. 

It is not an easy question to address.  You should gather the necessary information and determine if you need to hire an attorney to assist you.

Michael Stafford · Answer

Absent an agreement to the contrary and provided that he complies with the local laws he can erect a fence on his property without your consent.

Michael Yeksavich · Answer

You have not provided any facts of why the fence cannot be installed.

Frances Headley · Answer

It depends upon where the fence is going to be put.  You should consult a real estate attorney to review all of the facts, including any applicable local ordinances and determine what is possible under the circumstances.

Eric Smith · Answer

If the fence is on your neighbor's land, why would he need your permission? There may be local zoning laws as to the type or height of the fence.

Jay Moreland · Answer

Generally the neighbor can put up a fence on his own property without your permission. There may be deed restrictions (common in some subdivisions) that prevent fences or create standards for the fences that are erected. 

A homeowners association that may have to approve changes such as putting up a fence before it can be done. You may object to the homeowners assocaition if that is the case.

George Derieg · Answer

Generally, your neighbor can do this if it is on their own property. Check local municipal codes on the matter just to be sure.

Leonard A. Kaanta · Answer

Yes if it is on his property.

Eric Lewis · Answer

Yes.

Gerald Bagazinski · Answer

Yes. In many communities they require a survey and a fence permit prior to erecting a fence. In some homeowners associations they require approval prior to erecting a fence or ban fences all together.

Grady Gauthier · Answer

If within his/her property boundary and within applicable zoning laws and ordinances, then yes.

Paul Nidich · Answer

How is this an Estate Planning question?

Wesley Poole · Answer

On his or her property, yes.

Carmen Marquez · Answer

This is not my area of expertise, but if the fence is on their property, they do not need your permission.  Unless you have an agreement with them, your Grant Deed gives you some type of easement to their property or they are in violation of the Homeowners Rule and Regulations, I don't see why they would not be able to put a fence on their own property.

Thomas Edward Gates · Answer

If it is own his property, generally yes.  There are a few conditions that would prevent him doing so.

James Oberholtzer · Answer

In general, yes.  However, if you live in city or town with zoning rules, there may be limitations on the size, materials, etc.

Charles Perry · Answer

On his land, he can do what he wants, so long as it complies with   applicable zoning and land use regulations and ordinances.

James Frederick · Answer

As long as it is on his property and your subdivision has no rules against it, the answer is yes.

Edward Armstrong · Answer

As long as it's on his side of the property line.  Common courtesy would suggest that neighbors agree though.

Victor Waid · Answer

Yes, so long as the fence meets local building code requirements and as long as the fence is on the neighbors property.

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Can my neighbor put a fence up without out my permission?

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