Neighbor Built a Structure on Our Property to Support His Falling Fence

**johnnyfly123** · 03-23-2012, 09:24 AM

My question involves real estate located in the State of: Illinois (Chicago)

My neighbor has a fence built almost exactly on the property line in our yard. It seperates our lots. His fence has not been cared for, and is in very poor shape. The middle of his fence is now buckling outward, and about to tip over into our yard. Currently we do not have a fence surrounding our lot but we would like one within the next few months.

To prevent the fence from falling, the neighbor built a support structure on our property in our back yard some time a month ago to push the fence back up into his yard to support it from falling. He never asked to do this- needless to say we do not have a good relationship.

This spring we are looking into purchasing a fence for our yard, and want to know what our options are. Can we tear down his fence and replace it with a new one without dealing with them and incurring full cost? Are they obligated to pay? Should they have asked to build the support structure on our property to hold their fence up?

I'd like to remove the structure he built on my property and have his fence tip over. Im really angry about it.

**lurkertom** · 03-23-2012, 09:44 AM

Here's a thought...why not work together with the neighbor and SPLIT the cost of replacing the fence that you share?

**johnnyfly123** · 03-23-2012, 10:05 AM

If it was that easy I would not waste my time researching this and even creating an account here.

We have extremely different philisophical views, and are unable to communicate without hostility.

Thanks for the most logical suggestion though.

**lurkertom** · 03-23-2012, 10:20 AM

Do your differing philosophical views extend to fence building? Communicating is necessary but with hostility? Not so much. All your options are likely to stir up areas of conflict. This is an opportunity for reaching a common ground and negotiating compromise. You share a property line so the expense of a fence should be shared. First you need to determine (by a survey) if the fence is on his side or yours. Then you can proceed from there.

**Stephen Calder** · 04-03-2012, 05:59 PM

General answer, no, you cannot tear down his existing fence no matter it's condition. I'm saying that based on you statement that it is very close to the property line. For this discussion we'll assume it is directly on the property line, or slightly on his side.

What you can do is put up your own fence, just inside of your property boundary line. As this is already a delicate situation, I strongly suggest that you hire a land surveyor to come out and find your corners and mark your line for you. Many a tale of woe begins with owners who try to do that themselves.

As to the structure he has on your property, you have no obligation to tolerate that at all. You have every right to tell him to get it off of your land. If he says it's necessary or the fence will fall, well.... that just isn't your problem. If he refuses to move it then you can move it yourself if you can do so without damaging it. If you can only move it by damaging it you probably shouldn't. You probably should contact a lawyer at that point.

Stephen Calder
Land Surveyor, not a Lawyer.