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The owner of the fence has the same right to remove it as if it were entirely on the owner's property, as long as the fence is not more than five (5) feet from the line. An owner cannot remove the fence for malicious purposes or in a way that causes unnecessary harm to the other owner.
While there is no standard setback distance for St Andrew, the KSAC will have a minimum that it will not grant approval for a setback below that distance.
There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
Encroachment ExamplesUnlawfully entering, trespassing, or walking through a neighbor's property without first receiving permission.Building a fence that goes past your own property line and into your neighbor's.Possessing a tree or hedge that has branches that cross between property lines.More items...
The owner of the fence has the same right to remove it as if it were entirely on the owner's property, as long as the fence is not more than five (5) feet from the line. An owner cannot remove the fence for malicious purposes or in a way that causes unnecessary harm to the other owner.
Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.
The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.
What Can I Do About An Encroachment?Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.