Neighbor's fence falling apart, leaning onto my property.

[Sam Matthews]

What is the name of your state (only U.S. law)? NY

Hello! This is my first post to the forum.

I have a neighbor where the previous owner of that home erected a fence. He did not ask permission or anything he just did it. After the fence was erected I had a survey done to make sure it was not on my property. It was not so I assumed I could not do anything about it. The fence is a simple wooden fence with prefab panels. There is no cement into the ground, just dirt.

7 years have gone by. That original person moved, and the new owners have not made any effort to keep the fence repaired. At this point there are posts leaning awkwardly over my property line. Moreover several panels have split apart and are exposing rusty nails. I have asked him to make repairs and he thinks I'm kidding. He's a horrible neighbor and I don't think he will do anything.

I am wondering if this is something that the town or county can issue a summons over, or should I just go find a lawyer? Basically at this point I am ready to sue him over the eyesore this fence represents and how it affects the visual appeal of my property.

Again.. this fence was not a mutual decision and I did not share in the construction of it in any way.

Thanks in advance.

The attached link is an example of one of the panels ...
https://www.dropbox.com/s/2u78ibuuzw4py5p/2016-11-26%2015.47.03-1.jpg?dl=0

 

[justalayman]

You can contact the building department (or whomever enforces ordinances regarding one’s property) and see if it violates any ordinances. If it does they may issue a citation.

While the fence cannot legally cross the property line onto your property, you have little to say about what the fence looks like. Given there may be some hazards from the nails, that is on his property. He might be liable if a person is injured but other than that there isn’t much you can do about the nails.

So, if the fence does encroach onto your property you can file a suit for civil trespass. You would seek the neighbor remedy the trespass or seek the court apply penalties should he refuse.

 

[Sam Matthews]

So just to clarify... if the fence is leaning onto my property (even thought the posts are grounded on his property) does that constitute trespass?

Thanks.

 

[justalayman]

So just to clarify... if the fence is leaning onto my property (even thought the posts are grounded on his property) does that constitute trespass?

Thanks.

Yes. Your property line as drawn on the ground extends upward to the airspace over your property as well.

Of course there are limits on that such as flying aircraft but a fence would be a trespass.