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What can I do about a backwards, horrible fence the son of my neighbor put in. He won't change it.
Anonymous3 views7 answers
This son moved in after his father died June 3, 2011. His mother has been ill with depression/joint issues signing health power of attorney to this son. This son has erected a 6 foot fence with the "nice" side towards him, leaving my backyard with short( 2' feet) posts from a broken fence cemented in, inching on my property. I contacted the boro code/zoning board. He had to get a permit, but states "I don't have to change anything". He doesn't own the house. I want him to at least turn the "bad" side around. What laws protect me? These posts are a hazard for mowing and care within my yard.
I agree with Attorney Carrier. I have tried a couple of time to redirect this question to the real estate section where I think you will get more appropriate advice. I do not know if you are re-posting or not, but this is not an estate planning or probate question.
James Frederick
John B. D'AlessandroDivorce / Separation LawyerUnion, NJ ·
Your only recourse would be to check the town ordinances to see if there is a requirement that they put the fence a certain number of inches on their own property. If a permit was required then they may require that he obtain one but may not require that he take down. Invest in some nice shubbery to deflect from the fence. Sorry.
I agree that it would be helpful for you to check with legal counsel in your area and see if you do have any recourse. However, generally, when you have a situation where a structure on your neighbor's property does not encroach on your property, your options are fairly limited. I'm sorry.
Generally speaking an individual can place a fence on his own property provided it complies with applicable zoning and permit laws. You can start by talking to your municipal zoning officer to determine whether the fence satisfies requirements. Beyond that, you would need a consult with a real estate lawyer. Additional info is at SpecialNeedsNJ.com. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, and Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys.
I agree withte others , a realesate atorney should answer because in this case that sone odes not own thehouse is irevelant. an agent under a power of attorney, stands completely in the prinicipal's shoes soif this si somethingyour neighbor could do, then iotisomething the son could do.
