extended fence

[nep3430]

My neighbor and I share a common rear property line. I decided to erect a board on board fence around my property and asked my rear neighbor if he would like to join in and share in the cost of the common rear fence. It didn't matter to me on which property the fence would actually rest. (We both moved into new construction homes and desperately needed a fence). He decline my offer to join in stating he didn't like the style or color. No problem with his decision! About 2 weeks after the fence crew put in the fence posts 6 inches inside my property line, my new "new" neighbor had fence posts erected along his side property lines and I've come to learn is having the identical fence put up by me using the same builder!!! My question is "Can he extended his side fence across my rear property line so as to eliminate a gap of 9 inches (the from my fence to the rear property line plus the distance from his side end post to the same rear property line)? Chicago, IL

 

[Tracey]

No, but why do you really care? If you push it you'll have an enemy for life. Just give him revocable permission to join his fence to yours. Record the permssion form on both your parcel numbers so all future buyers have warning that their yard doesn't go all the way back to the fence & your land has a small encroachment. This will protect you from any claims that you failed to disclose the encroachment when you sell up.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.