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  1. #1

    Angry Neighbor Put Up a Fence with Out Land Survey, Might Be on Our Property

    My question involves personal property located in the State of: Massachusetts, Worcester County.
    We live in a townhouse and the neighbors put up a fence splitting our lots down the middle. They didn't consult us about this and found out it was happening the day before when the contractors came to 'stake' out the property line. We know that all the neighbor used to determine the property line was a plot plan for the city. There was no survey conducted, though with the very close property line abutting the house one would think they would have to avoid the chaos that now exists. The neighbors chose to put the posts facing our property because they "didn't want to look at the ugly side". Great! Needless to say we don't have a great relationship with them. We believe that the posts and maybe even the actual fence is on our property. We are looking into getting a survey of the land, even though they should have done that but they were going for the cheap and easy way out. Any advice on what other steps we can take. HELP!!

  2. #2
    Join Date
    Jan 2006
    Posts
    27,727

    Default Re: Neighbor Put Up a Fence with Out Land Survey, Might Be on Our Property

    until the survey has been performed, there is nothing you can actually do (at least accepting the fence conforms to any ordinances or rules in place). You might want to check any local ordinances or HOA rules (if applicable) to determine if they are required to put the "good side" of the fence facing you. Some localities do require a fence to be installed in such a way. You can also check for other rules/ordinances pertaining to height, material, and placement in regards to the property line or in respect to the placement of the house. Some areas restrict fences from being placed beyond the front of the house or reduce the allowed height in those area.

    Was a proper permit obtained?

    Once you have verified the legality of the installation itself, the only other thing to do is wait for the survey. If it otherwise meets code and it does not encroach upon your property, there is nothing to do but enjoy the fact you do not have to look at your neighbor where the fence blocks your view. If there is anything improper about the fence, if it involves the placement per the survey, send the neighbors notice to move the fence from your property. If it involves any ordinances or rules; report it to the proper authorities.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Neighbor Put Up a Fence with Out Land Survey, Might Be on Our Property

    First, make sure they had a permit and followed the law. Most places require that the finished side, or best side of the fence has to face out. There are probably rules on height, construction, etc. If they didn't follow the rules, file a complaint with code enforcement.

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