Do I have to get my neighbors permission to erect the fence where there is already one? Well, that sound like a simple enough question. First off is you need to figure out where your boundary line is. If your neighbors fence is on his property or even if it’s on your property, well, you can put up a fence and you can put it back to back with his and you don’t have to ask his permission.
It’s really not a matter of asking the client, the neighbors permission and that you can put fences up on your property and around them back to back. In fact, I’ve seen that whenever a neighbor has a fence up, but it has been somewhat neglected over the years and is not very sightly, so you may then want to erect a more opaque fence, such as one of this new vinyl fences and you can run them back to back with your neighbors fence. The big thing is, you need to put your fence on your property.
If your neighbors fence is on your property, you can explain to them or send them a little letter with the survey showing that their fence is encroaching upon yours and ask them to please move their fence since it’s on your property or work with the neighbor as far as erecting your new fence and suggest that it’s not a problem if he wishes to tie into it. Depending on what the circumstance is as to how you work that out, but the answer to the questions is you don’t need to ask your neighbors permission to put up a fence as long as it’s on your property.
One cautionary note here is that you need to check your home, your restrictive covenants, in your homeowners association restrictive covenants and that they may restrict whether or not you can construct the fence and you may need to get their permission to put up a fence, whether it’s on your property. That’s something that you might want to check on before you do that.
Also, I think that you’re supposed to whenever you do a fence, there’s a finish side and a an unfinished side. The finished side is supposed to face your neighbor, with the unfinished side facing your side. However, that’s your wood fences versus the new vinyl ones, which don’t have an ugly side. Unless they hadn’t been pressure washed in a long time. That might be on both sides. The other sane thing is as far as maintaining it, you need to get your neighbors permission if you do need to do maintenance to go on to his property.
If you have a problem with fences or whatever, well, I’ll be glad to chat with you about it. Give me a call at 727-847-2288.