Q: At the beginning of June, my neighbor put up a fence that is 4 inches over my property line. I had my property re-surveyed to confirm this. I notified my neighbor that his fence is on my property and requested he remove it, but he has yet to do so. Do I have a right to take down the fence from my property?
_ Thomas
A: While the fence is apparently on your property, you can't just pull it down yourself. To get the city permit to put up the fence, your neighbor would have presented a survey showing his property lines. Assuming he got a permit, there are competing surveys showing different information.
You should speak with your neighbor about having a third survey done to see where the property line really is. If your neighbor does not agree to cooperate, you will have no choice but to take it to court and have a judge decide.
Almost every city requires a permit to put up a fence. If it turns out that your neighbor did not get one, your solution will be much easier. You can alert your city's code or building department to the situation, and the city officials should take care of the rest.
Remember that this is your next-door neighbor, and he still will be after this dispute is resolved. So make sure to do everything possible to work this out before going to the city or to court.
