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Access to garage that sits on the property line.

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MC4U2

Junior Member
What is the name of your state (only U.S. law)?
I live in Indiana, I purchase 65 yr.old home 4 years ago, I had survey completed. My northside neighbor moved in 2 yrs. ago, At that time, there was 12x6 section of fencing that created privacy from there garage to my back yard, this was on the property line. 2 years ago I put up 6 ft. privacy fence with permit. My neighbor informed me, I can't block him from having access to his garage, this side has no windows, to doors, its 20ft blank wall, that sits on the property line (city hall says no permit was ever issued)
Then I came home from church, and they had removed fencing that was there when I purchased the house and share on the property line and my gate was connected to it. then the following week I went to church while gone, he removed the post. I have ordered another survery and have request for it to be clearly marked were the property line is located. Is there any reason why I can't but my gate back up, even tho, it will block him from having access to that side of the garage, unless he comes to the front door and ask permission. If the garage is placed on the property line, can I put up my gate
While I was out planting hedges one day, I heard him yelling at his wife, first she puts up a privacy fence, now she's putting up hedges, if she wants privacy she should be move to the county. Am 62, I have no pets, nor do I throw parties.
 


FarmerJ

Senior Member
If survey confirms the garage being on the lot line , yes your free to fence up to it, but say for example neighbor wants to re paint the garage yes it is reasonable for them to be allowed to enter your yard when they request it to do the maint. That doesnt mean you must permit them 24 /7 open -unfenced access. What you may want to do is learn what zoning set back rules are if they have to tear down the old garage someday. If it comes up again feel free to tell them ` fencing in my property means when you want to repaint that side of the garage you will have to let me know youll be coming onto my property to do it`
 

154NH773

Senior Member
I agree with the others, but you should also discuss with the town whether the garage is in compliance with the local zoning. If it is not, and doesn't qualify as a legal non-conforming use, then the town could order it to be removed.
 

Terminus

Member
Your surveyor

First-Make sure your surveyor researches for a maintenance easement/agreement granted to your neighbor for maintenance of his garage. If he won't/can't do it....Then pay to have a title report/abstract prepared researching that issue.

Technically if the side of the garage is on the property line....without an easement the neighbor doesn't have the right to trespass onto your property to maintain the garage. Usually this isn't a huge deal as neighbors just give the go ahead to paint, etc. This situation is very common with fences....they are built right on the boundary line...which leaves no room to repair the front of the fence (hence I recommend setting the fence 2 feet into a property to leave space for maintenance).

Your surveyor should be able to clarify all this for you.
 

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