Can a fence be erected in between adjacent homes which would impede access to a homeowners garage/property?

December 29th, 2009 | by admin |

I live in cook county next to an unreasonable neighbor. He is planning to run a fence along his "property line", which once erected would impede me from having access to my garage in the rear of my home. The fence would run along the sides of our homes but due to the configurations of the properties, my vehicle actually crosses his property line about 2-3 feet while swinging my vehicle to the rear of my home. Is there an ordinance governing this type of fence erection?

Only if you have an easement to use his land, it is part of the title.

Generally speaking a fence is not unreasonable, as it will protect him from trespassing, which very well might be what you are doing.

  1. 5 Responses to “Can a fence be erected in between adjacent homes which would impede access to a homeowners garage/property?”

  2. By murigenii on Dec 29, 2009 | Reply

    You’ll have to check your state/county laws on implied or prescriptive easement. That basically means if you’ve been using (going over) another person’s property to get to your property or part of your property for a period of time then that use becomes an easement and the property owner can’t stop your use.
    References :

  3. By John P on Dec 29, 2009 | Reply

    You will have to talk to the people at Cook County and see what ordinances would cover the building of fences. Years ago they used to build houses with "zero lot lines" which meant you could not build a fence. Do you own your home or lease it ?. It could also be the house was built in the wrong place, being not within the set back from the other lots. There are restrictions that could be in place that you cannot build anything within a certain distance from the lot line, like a garage or a shed etc.
    References :

  4. By Landlord on Dec 29, 2009 | Reply

    Only if you have an easement to use his land, it is part of the title.

    Generally speaking a fence is not unreasonable, as it will protect him from trespassing, which very well might be what you are doing.
    References :

  5. By goz1111 on Dec 29, 2009 | Reply

    You may want to consult a lawyer, but absent a code requirement for the fence to be set back from the property line you are out of luck, it his property he is free to restrict who ever he see fits from crossing it,

    Now this goes both ways, his people installing the fence may not cross onto your property when installing the fence
    References :

  6. By chatsplas on Dec 29, 2009 | Reply

    Check out your title and see whether you have a recorded easement. You may have an easement by history of use, anyway.
    Go to the city or village building department and ask about local ordinances. Sometimes fences cannot be placed on property line, but have to be offset. Sometimes they can’t go to corners. Sometimes there are utility easements and no fences are permitted.
    Generally a permit is required to erect a fence, although many ignore the requirement.
    Generally a homeowner may not do anything which impedes access to neighboring property.
    Get some legal advice, a first consultation is cheap and well worth the cost.
    References :
    real estate attorney

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