Encroachment of fencing occurs when your fence extends beyond your property lines and intrudes into a neighbor’s yard or public property. It’s an important consideration for home and business owners, and a detail we take seriously as a Tewksbury, MA fencing contractor.
If your fence is installed on your neighbor’s property, they have the right to sue to have it removed. This can not only harm your relationship with them but also waste thousands of dollars.
Avoiding this is simple: hiring a surveyor to mark your property lines before fence installation. It’s the safest way to ensure your new fence won’t encroach on your neighbor’s land.
But there’s also good news: not all encroachments mean you have to tear your fence down.
The De Minimus Excemption
Let’s say your fence only falls within one-quarter inch of your neighbor’s property. In that case, the de minimus (“minor”) exemption would allow you to keep your fence. The court will often allow fences that meet this threshold to stay in place because their encroachment is so insignificant.
To force removal, your neighbor would have to make a compelling case as to why tearing down the fence is the most logical option.
Remember to Consider Local Regulations
Whether it’s a Tewksbury, Massachusetts chain link fence or vinyl privacy fence, local laws matter. In addition to influencing placement, local laws and HOA guidelines also affect the height, visibility, and design of your fence.
Make sure you check local resources and research fencing in your county before a single post is set.
What If My Fence Encroaches on Public Property?
Fences on public property must be removed upon notification from local authorities, according to the General Court of the Commonwealth of Massachusetts. Under state law, local officials can remove the fence themselves if the property owner doesn’t voluntarily remove it after being notified.
How to Prevent Fence Encroachment
Let’s say you’re planning to install a Tewksbury, MA chain link fence. You want to maintain visibility while making your yard more secure. You look up fence companies near you and find a cheap contractor who says they can do the job quickly. Their prices are much lower than anyone else’s, but that’s likely because they’re a small business in a competitive market.
They never ask for proof of boundary lines, so you’re shocked when your neighbor approaches you after the installation, demanding you remove the fence. You had no idea you were even encroaching on their property because you expected the fence installer to handle that.
Preventing encroachment in Massachusetts starts with choosing a reputable fence company like Imperial Fence. We take the time to verify your property boundaries, obtain the right permits, and make sure your residential fence is placed correctly from day one. It’s the best way to avoid future disputes and protect your investment.
Talk to the Local Fence Experts You Can Trust!
As a trusted Tewksbury, Massachusetts fence contractor, we take every detail of your project into account, including its placement and permitting. If you’d like to speak with a local expert about your project, we’re happy to help.
Contact Imperial Fence on our website or call us at (617) 501-7139. Our experienced team will make sure your fence installation is compliant, secure, and built to last.
