Hilliard, OH asked in Real Estate Law and Civil Litigation for Ohio

Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the neighboring property? My fence is only 6 inches inside the property line. Also I believe they must allow me on their property to access the outside of my fence for maintenance purposes?

2 Lawyer Answers

A: You need to check first with your local zoning ordinance. There should be a provision regarding fences and set back from property line. Your fence may be in violation of the set back rules. Allowing your neighbor to connect to your fence may be less expensive than removing your fence and placing it at the proper set back.

If you are in violation you should consider seeking a varience.

A: I agree with the prior answer. In addition, without an easement or other agreement, or some local ordinance that allows access to the other side of the fence for maintenance, the neighbor does not have to allow you access on his property. Talk to the neighbor about it and work out an easement to enter his property to maintain your fence, in exchange for allowing neighbor to connect his fence.

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