• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What to put in a certified letter granting permission for fence

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Grandpa2390

Junior Member
What is the name of your state (only U.S. law)? Louisiana

My neighbors built a fence; it's partly on my property, and it looks bad, but I don't have the resources to hire an attorney and fight it and make them tear it down. Besides, I really don't want be an evil neighbor over a few inches. After a bit of research, I figure the best thing to do would be to send a certified letter granting permission for the fence to remain, that I recognize it is on my property and I give permission. However, I want this to be revocable. A few years down the road, if I decide I wish to sell my house, and I need to tear the fence down to make my house look more appealing (it is an ugly fence) as well move it off the property line, I want to be able to do that.

So I understand, generally speaking, what needs to be in the letter and what it's supposed to say. But I'm not actually sure what to write. I'm not entirely positive who owns the property, so this is what I'm thinking.

Dear owner of (Address of neighbor's house). I, (my name), hereby acknowledge that the fence in the backyard and the fence to be built in the front yard encroach on my property in various places. I grant permission (revocable at any time by myself) to allow the back fence to remain where it is, and the front yard fence to be built with a slight encroachment.
-your neighbor, (my name)

Is that correct? Should I change or add anything? I'm not worried about the fence except that in 10 years they may decide to adverse possess the 4 inches the fence sits on in places, or that I may have trouble selling the house and need to replace the fence with one built intelligently.
 


Ben T

Member
What is the name of your state (only U.S. law)? Louisiana

My neighbors built a fence; it's partly on my property, and it looks bad, but I don't have the resources to hire an attorney and fight it and make them tear it down. Besides, I really don't want be an evil neighbor over a few inches. After a bit of research, I figure the best thing to do would be to send a certified letter granting permission for the fence to remain, that I recognize it is on my property and I give permission. However, I want this to be revocable. A few years down the road, if I decide I wish to sell my house, and I need to tear the fence down to make my house look more appealing (it is an ugly fence) as well move it off the property line, I want to be able to do that.

So I understand, generally speaking, what needs to be in the letter and what it's supposed to say. But I'm not actually sure what to write. I'm not entirely positive who owns the property, so this is what I'm thinking.

Dear owner of (Address of neighbor's house). I, (my name), hereby acknowledge that the fence in the backyard and the fence to be built in the front yard encroach on my property in various places. I grant permission (revocable at any time by myself) to allow the back fence to remain where it is, and the front yard fence to be built with a slight encroachment.
-your neighbor, (my name)

Is that correct? Should I change or add anything? I'm not worried about the fence except that in 10 years they may decide to adverse possess the 4 inches the fence sits on in places, or that I may have trouble selling the house and need to replace the fence with one built intelligently.

A couple of thoughts ahead:

1. You are not being a 'evil neighbor by exercising your rights as the abutted/encroached landowner.
2. Does your survey definitely indicate they are inches over?
3. Who is your neighbor? This is important because if they have tenant they are not really responsible for the fence unless the landlord gave them the right to act as his/her agent to encroach upon your land.
 

Grandpa2390

Junior Member
A couple of thoughts ahead:

1. You are not being a 'evil neighbor by exercising your rights as the abutted/encroached landowner.
2. Does your survey definitely indicate they are inches over?
3. Who is your neighbor? This is important because if they have tenant they are not really responsible for the fence unless the landlord gave them the right to act as his/her agent to encroach upon your land.
1.I don't want to cause strife over a few inches. I really am not worried about the fence until the day comes that I may need to sell the house. I'd rather be on good friendly terms with my neighbor. Besides, if I make them move the fence, then I'm gonna have to be concerned about them causing trouble and stress for me over every little thing. Even if they are wrong, it isn't worth it to me.
For example, I have a playhouse in the backyard that may be a little too close to the property line. It has been there for a long time, so it may be grandfathered in. But just to be jerks, they'll report it and I don't have the time/money to fight it or remove the structure. As I said before, I'm only worried about removing that fence if I need to sell the house, otherwise I'm just planting some shrubs to hide it.

2. Survey definitely indicate they are inches over in places. the fence snakes down the property line. In some places it is on theirs, in most places it is on mine.

3. They are the owners... well she is. He is just the boyfriend.

I want to say that the few inches I'm describing is where the fence sits. It isn't like the end of the fence starts 4 inches on my side. The fence might sit in one place with 4 inches of its width on my side and 1 inch of the width on their side, and vice versa in other places.

they are about to erect a fence in the front yard. I want to send the letter allowing them to align it with the backfence. it will be partly on my property. I want to send the letter giving revocable permission. I also was wondering if I get out there and help, would that make it partly my fence so that it running on the property line will be ok and the half on my property is mine can't be claimed in adverse possession.

What defines whose fence it is. They bought the materials, is it possible to build the fence on my side of the line (so it lines up with the back) and just call it my fence.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top