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Bad fences make bad neighbors

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Chixalot

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


Good evening,
I am having several issues with my neighbors. I will start with a few.

I came to my new home, the day I closed on it, to find that the adjoining property owner had erected a two-sided fence(one side in front yard one in side yard). Love fences,but, this fence is one qtr. raggedy chicken wire and three qtr. barbed wire. Yes, just barbed wire.

The barbed wire is about neck high to my 2 1/2 yo boy. I have tolerated and ignored the fence and neighbor for about a year, now. My child is getting faster and more adventurous everyday. I'm afraid I won't be able to catch him before he is clothes-lined, eventually.

This fence serves no purpose,but, to irritate me. No livestock or animals could be contained in this fence.

Questions:1) Is there a such thing as a spite fence law in NC ?(none local)2) Would this fall under a nuisance law?3) If my child is injured on the fence, are they liable? Lastly, If child were to get hurt on the fence or their property, would that turn me into a negligent party?

Thanks in advance! You guys ROCK!What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
Your city /county govt center zoning desk can tell you under what situations barbed wire fencing is NOT allowed. If your in a rural township there is a possibility that the issue might not have been addressed with a ordinance.
 

divona2000

Senior Member
Build your own (solid & child safe) fence to prevent child's access to the neighbor's wire fence. Follow all building/zoning codes of course.
Was a survey done? Is the wire fence actually on neighbors property, or on property line?
 

Chixalot

Junior Member
Yes, a survey was done. The fence is mostly on the property line. In some places, a few posts are just a bit on my property. Also, some parts of the fence are sagging onto my property. I wasn't going to nit pick my neighbors over that.

I think I've changed my mind.;)
 

Chixalot

Junior Member
OP, you could build your own fence and not have to deal with the neighbors ratty fence.

Thanks,HG. Could I do that even though his fence is on our property line? I assume I wouldn't need his permission, as my permission was not obtained for him to so. What about the parts of his fence on my property? just toss them aside?



Thanks!
 

HomeGuru

Senior Member
Thanks,HG. Could I do that even though his fence is on our property line? I assume I wouldn't need his permission, as my permission was not obtained for him to so. What about the parts of his fence on my property? just toss them aside?



Thanks!
**A: you could force the neighbor to put his fence on his own property.
 

Chixalot

Junior Member
I hate to ask so many questions....but, how do I do that without physically moving it myself and being charged with property damage?


Thanks!
 

drewguy

Member
I hate to ask so many questions....but, how do I do that without physically moving it myself and being charged with property damage?


Thanks!
How thick is chicken wire? Put your fence 1 inch inside the property line, and bend his fence up as necessary so that it is straight. What's the damage? You fixed the fence for him if anything. Take pictures before.
 

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