Q: We surveyed our lot & our property line is right up against neighbors covered patio az room. I want to put up fence.
The city said i can put up a fence. We want to protect our property and have a safe place for our animals. I went to code and compliance this morning there is no reason why i can't put up a fence. do i have to allow them access on my property There is no easements on that line. The property is grandfather in that is why the patio is up to the property line. Can I have a legal letter or some other legal document drawn up that would only allow them access if they give us a sufficent notice and at our convenience? What are my options? This is a rental property and I don't want them harrassing our tennant or going to them and asking for permission to use our property.
A: Generally, an owner of property may exclude another's access to the property. While not required, an owner may grant an easement or license to another to use the property and describe the terms and limitations of such use. There are some uses of property by a non-owner that if not expressly permitted or prevented may, over time, lead to a legal right to access the property. If this is a concern, you should meet with a real estate attorney to determine what can be done to address or prevent such a result.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
