View Single Post
  #24   Report Post  
Old 21-06-2003, 05:20 AM
Leyf
 
Posts: n/a
Default Tree-Cutting Crisis with my neighbor


"Chris" wrote in message
...
Can your neighbor leagally build a fence on the property line? Where I

live
the fence has to be 2 feet from the property line unless the neighbor

gives
permission to build on the line. It may be worth while to look into rite
ways and where the property line is exactly.


Recently having had an argument about a fence with my neighbour, I can tell
you what happens here in Canada. It probably isn't all that different in the
States as it's a common law issue, and Canadian & American common law both
have their roots (no pun intended) in British common law. According to the
local municipal standards office, one may not install anything on a property
line without the express prior consent of the adjoining property owner. My
neighbour started installing a fence without consulting me, and I was
informed by the city that I could apply for an injunction to stop all work.
This is in spite of the fact that the fence was going on a recently surveyed
property line. I, on the other hand have planted a hedge for privacy along
the same line, and because it's well on my side of the line, the neighbour
has no right to touch it, even though I plan on growing the cedars to about
10 feet high. (which should change their sunny flower beds to nice shady
beds) Their fence, on the other hand, being right on the line, is now half
mine, and I have the right to affix anything I wish to my side. (including
Day-Glo pink plywood if I want) Property standards also advised me that if
my hedge grows through the fence, the neighbour can trim it, but that they
will be responsible for damages if they cause damage to my hedge from
improper or negligent pruning. The same applies to their maples which
overhang my yard - if I want to trim them back, I can do so, but I am liable
for damages if it's done improperly. Of course, improper or negligent
pruning becomes a matter of opinion, and becomes something contentious that
might have to be settled by a court.