Fences often become the source of neighborly disputes. In some cases, neighbors may disagree about the size or style of a fence erected on a property line. If age or inclement weather causes damage to a fence, then there could be disputes about how neighbors divide the costs for fence repair.
In some cases, fence disputes originate with one neighbor realizing the other intends to install the fence over the property line, thereby cutting into their parcel and denying them access to all of the land they technically own.
What options do property owners have when facing a fence placement dispute?
Paperwork could resolve confusion
In some cases, one neighbor might have misinterpreted the legal description for their parcel or may have relied on a visual marker acknowledged by a prior owner that wasn’t accurate. In such cases, comparing the legal descriptions for both properties could help.
Other times, hiring an appraiser could prove where the boundary falls. If the neighbor planning the project is not receptive to input about boundary placement and the need to change the fence plan, then it may be necessary to litigate the issue.
A civil court judge has the legal authority to issue an injunction. They can effectively prevent one property owner from erecting a fence or installing other improvements that cross the boundary line between parcels. Judges also have the authority necessary to correct inaccurate or contradictory legal descriptions to prevent ongoing disputes about where the boundary between parcels falls.
Those facing disagreements about a proposed property improvement or other real estate disputes often need insight into their legal rights. Reviewing the situation, including the boundary and the proposed improvement that crosses it, can help people protect their holdings.