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Neighbor building fence without permit and is using part of my fence Archived From: Finance

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My back yard is completely fenced in with a high quality white vinyl fence. When my next door neighbor wanted to build a fence, he wanted to build off of mine on the side we share instead of putting up a fence 1 inch away. I didn't have a problem so had to sign some form so the township would give him the permit.

The neighbor behind me just put up a fence today and also "built off" of mine (looks like the identical high quality white vinyl fence). However, it appears he did not get a permit as he never came to me to sign any paperwork. I called the township and they verified that he should have gotten a permit and suggested I talk to the neighbor and let him know.

I've never met this neighbor that just put in the fence (he lives on the street behind me so would not see him pulling in the driveway or anything). I have 3 options and am trying to figure out which one is best:

  1. Do nothing
  2. Walk over, introduce myself, explain that he needs a permit for the fence since he is building off of my fence and give him the # for the township
  3. Call the township and put in an official complaint (would have to provide my name, address, etc)

I don't think #3 is a good idea as no reason to tick off a neighbor just for the heck of it. I'm trying to figure out what repercussions I could have due to this "illegal" fence. I know in CA that once a fence becomes "shared" that one neighbor can force the other to pay for repairs. I live in NJ so have no idea what the law is here so not sure if it's the same. If it is, I could maybe hit the neighbor up for 1/2 of any repairs (this is a very high quality fence so don't see any repairs in the next 10 years). I'm going to sell the house some day, but would someone check to see if neighbors had a fence permit? Even if they did, what can I do about it?

Because of this, I'm thinking of option #2. We live in a pretty upscale neighborhood so it seems like the "right" thing to do. I'm sure they paid someone to do the work as it's an Indian couple and 3 Mexican looking guys were doing the work.

Anyone have any idea why a different course of action would be appropriate?


Update: I didn't think there were any issues, but that is why I asked here just in case someone else could think of something. I saw the workers were still there so ran over and let the owner know about the permit (in case he wanted to avoid paying until got permit). He was a nice guy and didn't know about the permit. I gave him the phone # of the township guy and said I'd sign the paperwork that he needed. Of course, the fence guys should have known, but that's not my problem.


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OH MY GOD! Your neighbor didn't get the proper fence adjustication auxiliary structure permit filed with the county? I can't believe he would be so irresponsible as to put you and your family at risk like this. You should definitely call the Attorney's General's office immediately.


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I'd go with #1. Let the municipality enforce their own silly laws. But that's just me.


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if he puts his own corner post in to build off of.... he's not really sharing a fence. You own your fence going accross his property, his fence and your fence aren't touching right?

in my opinion..... do nothing, doesn't sound like you have any liability etc. unless for some reason the fence bothers you.


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The real question is if he is building in his property or yours. It is common that your fence are built inside your property like by 1/2 foot. If so, both of your neighbors just claimed a little bit land from yours.


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I'm just curious, but what would be the reason for needing a permit to "share a fence"? Is there some sort of potential problem or liability I don't know about?


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nycll said:The real question is if he is building in his property or yours. It is common that your fence are built inside your property like by 1/2 foot. If so, both of your neighbors just claimed a little bit land from yours.
Precisely.

If he is building on your property, you need to put a stop to it unless you don't mind him coming back later and claiming it through adverse possession, or claiming an easement on it for the (then) existing fence.


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Update: I didn't think there were any issues, but that is why I asked here just in case someone else could think of something. I saw the workers were still there so ran over and let the owner know about the permit (in case he wanted to avoid paying until got permit). He was a nice guy and didn't know about the permit. I gave him the phone # of the township guy and said I'd sign the paperwork that he needed. Of course, the fence guys should have known, but that's not my problem.


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staci86 said:nycll said:The real question is if he is building in his property or yours. It is common that your fence are built inside your property like by 1/2 foot. If so, both of your neighbors just claimed a little bit land from yours.
Precisely.

If he is building on your property, you need to put a stop to it unless you don't mind him coming back later and claiming it through adverse possession, or claiming an easement on it for the (then) existing fence.

#3!! #3!!! #3!!!

That way your neighbor will always refer to you as the "smasshole with the fence issues."


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robstrash said:he wanted to build off of mine on the side we share instead of putting up a fence 1 inch away ... The neighbor behind me just put up a fence today and also "built off" of mineWhat does "build off of mine" mean ? On their side of the fence, are they attaching vinyl slats to your existing vinyl structure ?


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staci86 said:nycll said:The real question is if he is building in his property or yours. It is common that your fence are built inside your property like by 1/2 foot. If so, both of your neighbors just claimed a little bit land from yours.
Precisely.

If he is building on your property, you need to put a stop to it unless you don't mind him coming back later and claiming it through adverse possession, or claiming an easement on it for the (then) existing fence.

I bet this is a 300-year plan to secretly take over your entire house. Every 20 years your neighbor and his children, grandchildren, and great grandchildren will dupe the owners of your home into giving up 1/2 foot of property to them. Then force you to push your fence 1/2 foot back to follow the 1/2-foot rule, and then rebuild the fence next to yours, wait 20 years, rinse and repeat.


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xoneinax said:What does "build off of mine" mean ? On their side of the fence, are they attaching vinyl slats to your existing vinyl structure ?
I drew a nice design but then realized that Fatwallet will remove all spaces you add so it crammed it all together . Basically, my back yard touches 2 neighbors, 1/2 of my fence is in their yard. One of the neighbors already has a fence and one does not. The guy that doesn't have a fence puts a fence post basically right next to mine (appears to be a 1" or so gap) and therefore doesn't have to put a fence all the way around his yard - only covers up what is not fenced by the other neighbors' fences.


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If 1/2 of your own fence is already in neighbor's property (how did you pull that off), then nothing to worry.


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So his fence is going to "meet up" (minus 1 inch) with the fence you already built ?

Where I come from, the neighbor has no say in what kind of fence I build on my side of the property line. I prefer that each neighbor has equal say and equal pay.


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Good fences make good neighbors. Be glad that your neighbor is also building a fence with the same appeal as yours.


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4. Move


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Or

5. Mind your own business

Let me guess, had he sought permits and decided to build a 6' cedar fence that runs paraellel to your fence, you'd be on here complaining about that too.


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I had this same thing happen on two sides. When I moved in, there was a fence in my back yard but not in the neighbor's yards. As they put up fences, two of them used my fence for a side. Those people that did that have now moved. There are different people in those houses now. My fence is old and starting to fall down. I don't have a dog anymore and have no need for a fence. They have dogs. So when those sides fall down, they will be faced with a decision. I don't need a fence, I'm not going to fix it.


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I called the township and they verified that he should have gotten a permit and suggested I talk to the neighbor and let him know.

Umm, so in practical reality, you've already done #3 I'll bet.


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