If the neighbor's fence is on your property in New Mexico, you can ask them to remove it. If they refuse, you can take them to civil court.
when building a wood fence in the town of Brookhaven what side of the fence is supposed to face my neighbors property
New Mexico, Mexico, Oklahoma, Arkansas and Louisiana
Yes, they can refuse. The fence is their property, so you must have permission to join their fence to yours. If not, you can build to the edge of your property line, leaving a gap between the two. You can have your property surveyed to determine your exact property line, and if their fence is on the line you can connect at those points only. You can also make them remove the fence if it's on your property.
If you "put up" the fence, one might presume that you purchased the materials and provided the labor, making it "your" fence, even though it may be located on land owned by someone else. Under this theory you did not "give" them the fence; rather they "permitted" you to occupy part of their property with your fence. The fence did not get sold with the property, as it was not theirs to sell. You may reclaim your fence by asking permission to enter the property and remove your personal property; the fence. If the new owners do not permit you access, you can obtain permission from the court to enter the property to remove your fence, or obtain an order for the landowner to remove you fence and return it to you at your cost. It would help to have an affidavit from the previous owner that states it is your fence. If the previous owner disagrees, or the new owner claims the fence is now his, then you can sue the previous owner and new owner, jointly and severally, for the value of your fence that they have "converted" to their own personal use, or sue in replevin to obtain the return of your property. This will be a fine welcome to the neighborhood for the new owners!
When installing a new fence on a residential property, factors to consider include local zoning regulations, property boundaries, material durability, maintenance requirements, cost, and aesthetic appeal.
If my neighbor builds a new fence and it will infringe on my property.
Have a surveyor do a stake survey to show the property lines. It will cost a few hundred dollars in the city, or up to a few thousand dollars for a rural property. The surveyor must usually find the deeds that reference and define your property and those of your neighbors and make a determination of where your property lines are. Depending upon how your property is defined, your lines may be very difficult to locate exactly, if not impossible (e.g., "from the large birch tree to the pile of stones", neither of which can be found 50 years later). When neither you nor your neighbors can find the lines, you can establish a "new" line by agreement and record that with the deeds for future reference. When attempting to locate lines for a new fence, some jurisdictions require consultation with the official "fence viewer" who will help establish the line, if there is a dispute.
The state in question is Utah. It has all five of these states as neighbors.
Yes, New Mexico has statutory property laws that govern land disputes, primarily found in the New Mexico Statutes under Title 47, which addresses real property. These laws cover various aspects of property ownership, including rights, boundaries, and disputes. Additionally, New Mexico recognizes common law principles that can also apply to property disputes. For specific issues, it is often advisable to consult a legal professional familiar with state property law.
There are many different states that border Colorado. They are New Mexico, Oklahoma, Kansas Wyoming and Utah.
they eat spiders, crickets, and mill worms!
If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.