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  1. #1

    Default Does a Neighbor Have the Right to Remove and Dispose of Another's Fence

    My question involves personal property located in the State of: New York

    Say Neighbor A pulls down a fence between his and Neighbor B's property, but located just over on B's property. When B questions A about it, A claims the fence was in disrepair and a public danger. He also claims that he had sent B a registered letter and asked that B take steps to either repair or remove the fence within 6 weeks, or he would demolish it. B says A had no right to pull down the fence no matter what he thought. Who is correct?

  2. #2
    Join Date
    Jul 2018
    Posts
    756

    Default Re: Does a Neighbor Have the Right to Dispose of Another's Property

    As I understand the hypothetical, the fence was on B's property, which means A had no right to do what was done. B could sue A for trespass and destruction of property and probably would win.

  3. #3

    Default Re: Does a Neighbor Have the Right to Dispose of Another's Property

    Say it was a solid stockade fence and leaning towards neighbor A's side. If it fell over, it might damage his property or injure anyone near it at the time.


  4. #4
    Join Date
    Nov 2013
    Posts
    5,937

    Default Re: Does a Neighbor Have the Right to Dispose of Another's Property

    Doesn't change a thing. "A" still has no right to remove "B"s fence.

    If and when B's fence were to damage A's property or cause personal damage, A would have a cause of action. Until then, they are trespassers and would be guilty of destruction of property.

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