Legal Question in Real Estate Law in Maine

My neighbor has complained to me several times about ruining his lawn, and I am trying to figure out where my property ends. I live in town Bangor, so my driveway borders my neighbors grass, he complains constantly about my tire going over the edge of the tar and leaving a rut. I want to put a fence up, but I'm in question as to how far past the tar of my driveway I can go? I have a garage that I would attach the fence to and run it down the driveway. To put the fence up I will be in the grass, is this going to work?


Asked on 4/04/14, 9:38 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

You can put a fence anywhere on your land right up to the edge of your boundary, assuming it complies with zoning. There are usually zoning setback requirements so check with your Town's Code Enforcement, but if the fence is under 6 feet tall its usually up the edge. If you do not leave sufficient room on the outside edge of the property beyond the fence to be able to walk and remain on your property, you will not be able to install, paint, maintain or repair your fence without permission from your neighbor or a written easement.

However, you should contact a surveyor about your actual property line as it may differ from where it "appears" to be.

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Answered on 4/07/14, 6:41 am


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