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  1. #1
    ckkjgc is offline Junior Member
    Join Date
    Aug 2002
    Posts
    7

    unwanted fence on property line

    What is the name of your state? California

    My neighbor has erected 9-foot posts with the intention of building a fence between our houses right up to the sidewalk. No other homes on this block have such high fences in the front part of the property. The posts were put up without asking our permission. He claims he will cut the fence down to 6-feet (the legal limit), but we don't want a high fence there at all. (Although we would be willing to have a 3-foot garden-style fence, and have told them that would be acceptable.) We sent the neighbor a certified letter asking him to remove the posts and footings which straddle the property line. His response is that the fence is on the property line and is therefore OK. In fact, the 4-by-4's are half on his side, half on mine. This is the latest in a series of unfriendly acts by this unneighborly neighbor, so I don't see much point in negotiaiting any further. A survey would no doubt show the fence to be on both of our properties--neither of us is disputing that. The 30-day period we asked for in the letter to remove the fence has now elapsed. Meanwhile, these unsightly 9-foot structures have been up for over ten months now, with no evidence of progress to complte the "fence."
    My questions are, what recourse do I have? Can I remove the posts? Cut them down to a reasonable height? Hack off the halves on my property? Your wise suggestions are appreciated!
  2. #2
    cclovins Guest
    There are building codes in every resident area. He most first get approved to build the structure before he starts. I had to remove my post and footers because of the building codes. Check the building codes. But I beleive he can NOT put anything on you side so, he should have to reomve them back to on his side. In GA you must be back 2 feet on your side of the line.
  3. #3
    ckkjgc is offline Junior Member
    Join Date
    Aug 2002
    Posts
    7
    Well, in our city, it is legal to build up to a six-foot fence without a permit, and there is no setback requirement from the prop line. The fence posts straddle both our properties. I am very tempted to cut them down to 3-feet (after giving him another written request to do the same.) Can you see any legal consequences?
  4. #4
    cclovins Guest
    There has to be building codes, if not then someone could buid a fence in the middle of the street!!!! You must be so far from the middle of the street NO. 1, Also if the structure is nine feet as you said then that is not six. If he as a right to build then you have no right to cut down. Someone will be in the wrong here but I would call the building inspector to see what the rules really are. But you would have to get a survey done before you start cutting his post. Then if they were on my property I'd cut 'em to the ground.

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