Neighbors Fence On My Property

In this fence drama case (not the first we’ve seen), a Brownstoner reader has a neighbor’s fence on her property.

bkbenita writes:

I’m renovating my brownstone, so we had a survey done of our property lines. It ends up that my next door neighbor’s (ugly) chain link fence, which separates our two gardens, is about 8″ on my property. We’d like to renovate/landscape our garden, remove her fence, and put up a new wooden one on the correct lines.

My contractor says that we can just give the neighbor notice that we’re doing so, and just go ahead and remove her fence (and offer to replace it with the wooden fence at our own cost). My lawyer says its not worth the fight and that we should just install our fence next to the chain link fence – but then we’re losing precious inches. Would love thoughts from those who have experience in this. Should I go through the DOB?

How should she proceed? Share your thoughts in the original post.

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What's Your Take? Leave a Comment

  1. I had this same issue last summer. It was a very simple conversation with my neighbor. He was just glad to get a nice looking fence. I did all the labor myself and he helped on occasion. Not to mention most people in Brooklyn dont really use their rear yards and dont much care about it’ hence the chain link fence. No need for harsh tactics. Just be nice a polite. Inform them of the error of placement and show a photo of what the new fence will look like…Also keep in mind the occupants may not be the owners so they dont have much of a say regardless.

  2. I PROMISE you that if you attempt to take down your neighbor’s fence, you will regret it. Especially over a measly 8 inches.

    It took my mother six incredibly stressful months of the pettiest, angriest nonsense you can possibly imagine to move her neighbors fence 2 feet. Because let me tell you something, your neighbor will not agree with your survey. Your neighbor will pursue all legal and bureaucratic channels to contest your survey, including a survey of their own which will inevitably conclude that you’re actually on their property. You will waste time and money that will be so poorly spent fighting this. Once it’s done you will be shocked at how much garbage accidentally blows over to your yard.

    And if you’re as lucky as my mother, when your contractor just decides to take down the fence, the thick-necked son of your neighbor will threaten that contractor with a gun.

    You will never enjoy any of those 8 measly inches enough to warrant any of the above.

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