posted signs on fence

[tnlena]

What is the name of your state? New Jersey
I have a neighbor whose fence faces my property in the rear yard. His fence is on his property but he has the "bad" side facing my property and has gaps at the bottom of his fence. He has two big dogs and has come onto my property and put up 6 or so, beware of dogs, signs without my permission. Since the house is a mixed use property I plan to use the commercial part as a day care center and am worried about the children placing their small hands under the fencing, since it will be the play area for them. I spoke with his wife about solving the gap problem by loosening the screws, which are on our property's side, along the poles to let the fence come down so it hits the concrete division which the fence should sit on. She told us to put up another fence but she'd talk to her husband because he was concerned about the children as well. She didn't seem like he would go for the idea since she said he was very picky.

My questions are: Can he come onto our property to post as many signs as he wants? (it is a real eye sore and just overkill)

Can we take down some of these signs legally without his permission? Since he posted them illegally?

Can we make him lower the fencing to protect the children from getting hurt if he refuses and would he be liable if he doesn't and a child gets bitten?
Thanks,
Concerned for the Children

 

[PghREA]

If you are going to open a daycare, you are responsible for the children. You should have your yard fenced-in (especially since there are dogs next door and "beware of dogs" signs posted everywhere.

 

[tnlena]

That seems like an easy answer but that implies you know that I can put up a fence running parallell next to his. I don't know if I can without uprooting all the trees that run close to the property line. I need answers to my questions, which were not addressed. Also, as a parent seeing 6 or so Beware of Dogs signs posted everywhere can seem scary.

Thanks anyway for you advice,
Concerned for the children

 

[tnlena]

I'm sorry I made a mistake about the property and the fence. I found my survey and it says, "fence on property line" Does that make any difference? I just don't know whose fence it is since we bought the property recently. It could have been put up by previous owners of our property. Someone must have an answer to my previous post.

Thanks so much,
Concerned

 

[PghREA]

What is the name of your state? New Jersey
I have a neighbor whose fence faces my property in the rear yard. His fence is on his property but he has the "bad" side facing my property and has gaps at the bottom of his fence. He has two big dogs and has come onto my property and put up 6 or so, beware of dogs, signs without my permission. Since the house is a mixed use property I plan to use the commercial part as a day care center and am worried about the children placing their small hands under the fencing, since it will be the play area for them. I spoke with his wife about solving the gap problem by loosening the screws, which are on our property's side, along the poles to let the fence come down so it hits the concrete division which the fence should sit on. She told us to put up another fence but she'd talk to her husband because he was concerned about the children as well. She didn't seem like he would go for the idea since she said he was very picky.

A: If the fence is on the property line and the neighbor said it was her fence, then it probably is. She told you to put up another fence.

My questions are: Can he come onto our property to post as many signs as he wants? (it is a real eye sore and just overkill)

A: No. But, he is making you aware of the dogs.

Can we take down some of these signs legally without his permission? Since he posted them illegally?

A: Good question, they are on his fence. How do you know that he didn't lean over from his side of the fence to nail them up?

Can we make him lower the fencing to protect the children from getting hurt if he refuses and would he be liable if he doesn't and a child gets bitten?

A: No, you can't make him lower HIS fence

Thanks,
Concerned for the Children

My answer is still the same:

If you are going to open a daycare, you are responsible for the children. You should have your yard fenced-in (especially since there are dogs next door and "beware of dogs" signs posted everywhere.

 

[Shel77]

If the fence is completely around his yard and you only have 1 side of it backing up to your yard in all likelihood either he installed the fence or a previous owner of his property did, As to the fence being lifted off the ground most people with wooden fences do this to avoid having it touch the ground where moisture is and will cause it to rot quicker. As to the signs if he owns the fence he has every right to put as many beware of dog signs as he wants it is his fence. I understand that the signs might look bad to a parent looking to place a child in your daycare center but honestly it should deciding to open a day care next to a house with large possibly vicious dogs is pretty scary and the parents should be warned and aware of this, I would want to know. Asking the neighbor to lower the fence is about all you can do as long as there is no law (which I can not imagine there is) that states a fence must be on the ground you can not make him lower his fence. (Here in FL most cities require the fence to be 4-6 inches off the ground for drainage) Honestly when the fence was put in he must have a reason he wanted off the ground or he would have installed it that way or adjusted it if it was put in by the prior resident. Your city may not allow you to run a fence next to his, many do not you need to call and find out that would be your best option if you are allowed to do so.

 

[tnlena]

Thanks for your response. In response to the fence and whether it involved only one side...the fence goes all the way around my property line with the part of the fence that would need to be loosened facing my side. I am not sure if the fence is theirs. They might think it is but is their a way to know for sure? Would I call the town and ask about it? Would it be listed on my deed if it was mine? If I can't build another fence parallel to theirs, any other suggestions?

Thanks for any help

 

[tnlena]

In response to PghREA and how do I know that he came onto my property to post the signs?

A: the signs were not nailed to the fence they were screwed in with a bolt in place and they were placed far down on the fence. It would be impossible for him to have done it without coming over to my yard even with a ladder. Unless he has extremely, cartooninish-like, long arms and special skills...lol

So, in that case could I then remove the signs and just leave up one which is more than visible to everyone?

Thanks for any help

 

[Shel77]

Reguardless of how the signs got there they are still on what he considers his property (the fence) until you can prove otherwise it would not be legal for you to remove those signs. As far as finding out who put up the fence if you city/county requires that you pull a permit you could start there. You asked if it would be on your deed, or the other 3 sides of fencing on your deed?