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NCresident

Neighbor wants to use my side of the fence

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I live in Charlotte, North Carolina. There is a one-foot separation between my backyard fence and the fence of my next door neighbor. My neighbor wanted to install new fence and asked me recently whether is was OK for him to use my side of the fence as part of his new fence. I am concerned that my permission will result in encroachment issue down the road when I want to sell my property. What is the suggestion from the legal professionals?

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38 minutes ago, NCresident said:

My neighbor wanted to install new fence and asked me recently whether is was OK for him to use my side of the fence as part of his new fence.

 

Use it how?  For that matter, what does "my side of the fence mean"?  You referred to "my backyard fence" and also to "the fence of [your] neighbor."  So there are two fences, right?  Aren't both sides of your fence your "side of the fence"?

 

 

40 minutes ago, NCresident said:

I am concerned that my permission will result in encroachment issue down the road when I want to sell my property. What is the suggestion from the legal professionals?

 

I don't understand your concern, but that's probably because the facts presented are unclear.

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Yes, there are two fences. One on my backyard, the other one is on my next door neighbor's yard.  My neighbor wanted to dismantle his fence and use my fence as part of his new fence.

Will my permission result in encroachment issue down the road when I want to sell my house?

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I'm still not sure I understand your concern.  As used in the law, an "encroachment" occurs when one person builds a structure wholly or partly on another's property.  We're talking about fences here, and fences are typically on or nearly on the property line.  Is the fence you're talking about different in some way?  If some portion of the fence your neighbor is contemplating will be on your property, you're free to put something in writing that says you can revoke your permission at will.

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Since the land between the two current fences are usually owned 50:50 by me and my neighbor. If my neighbor uses my fence as part of his new fence, his yard will now include small strip of land that is owned by me. My concern is : will there any legal problem when I need to sell my house later?

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56 minutes ago, NCresident said:

Since the land between the two current fences are usually owned 50:50 by me and my neighbor.

 

I don't think this is true.  I think what you're simply saying is that neither of the fences are on the property line.

 

 

58 minutes ago, NCresident said:

If my neighbor uses my fence as part of his new fence, his yard will now include small strip of land that is owned by me.

 

Your fence won't be "part of his new fence."  I assume what you mean is that he is going to build his fence such that it ends where your fence begins or maybe he will connect his fence to yours.  As for a small strip of your property being on the other side of your fence, that's nothing new and is an obvious result of you building your fence off of the property line.  I'm not sure it matters, but why did you do that?

 

 

1 hour ago, NCresident said:

My concern is : will there any legal problem when I need to sell my house later?

 

Nothing that I can think of (and even if there were, it's nothing new since your fence has cut you off from the small strip of your property on the other side ever since it was built), but I suggest you re-read the last sentence of my prior response.

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Hi @NCresident

 

Welcome to the community and thanks for posting! We have some helpful resources in our Learn About the Law materials about property boundaries you might want to check out:

 

Let us know if you have additional questions!

The FindLaw.com Team

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