Asked in Land Use & Zoning

Q: In the process of replacing a broken fence putting it back into it original spot the neighbor gives me a stop work

We're not on her property and everything was being put back into its original holes can she give me a stop notice

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1 Lawyer Answer
Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Real Estate Law Lawyer
  • Grand Rapids, MI

A: Depends on the State, potentially also depends on the municipality or home owners agreements. Depends on how long the old fence was in place. And depends on any other agreements in the past, or recorded, that might modify your ability to remove and replace an old fence.

Let's say its straight common law, unmodified in your locality. Then in that case, you are probably fine placing a substantially similar fence in the exact same spot. Boundary disputes are expensive and common. Odds are you will save yourself headache, worry, and a much larger sum of money by reaching out to a lawyer in your area to learn about the position you're in, rather than trying to go it alone. You might also at a good position to just ask your neighbor where she would like the fence, you might be ok with it too.

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