Legal Question in Real Estate Law in Washington

Neighbor attaches fence illegally

When we bought our house it had a 6 foot fence around the backyard. Our neighbor decided to put a fence up, and in doing so attached it to our posts without asking. Now our posts are holding up both fences. Also, in order to open their gate all the way, it swings out onto our property. Do we have the right to remove the fence from ours? We have asked them to do it, and they refuse. Thank you.

Asked on 4/24/04, 8:55 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC
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Re: Neighbor attaches fence illegally

Yes, I think you have certain rights here. First, if their gate is continually swinging onto your property, that is trespassing. Second, attaching their fence to your posts might also be trespassing. It depends on where the property lines are. For example, if you posts are on your side of the line, and he crossed that line to attach, then the neighbor is trespassing.

Instead of removing the fence yourself and get into a potentially heated situation, I would advise that you play is cool, hire an attorney to see if something can be worked out, and if not, to use that attorney to bring legal action against your neighbor.

I hope this helps!

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4/26/04, 7:55 pm

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