Legal Question in Real Estate Law in North Carolina
I bought home 3 years ago. Behind me is a creek that divides my backyard and my neighbors. Their yard extends about 30 feet on my side of the creek. It essentially looks like my land and I take care of it. They do nothing to maintain that portion of the land (required by our HOA).
Their kids use my yard daily as a short cut to school. They never asked for permission and I now have a path carved into my lawn.
I would like to put up a privacy fence as close to the creek as possible extending onto their land. I'm tempted to go ahead and build a fence without asking permission since I wasn't given the same courtesy but I don�t want to end up with a lawsuit. Can I legally build the fence since they neglect the property? Or is there a better option? Any advice would be greatly appreciated.
1 Answer from Attorneys
no
better to arrange an agreement with neighbor