Legal Question in Real Estate Law in Wisconsin

My neighbor just erected a 8 1/2 foot cedar fence within 6 feet of my home with the bad side of the fence facing my property. It is 50' and is diagonal from the lake. Thus, the fence has blocked all air flow and sunshine to the front lawn and the stagnant smell is overwhelming. My front lawn and front windows are in total shade and blocked from the sun. We have no morning sun coming into my home. My children and I are congested, sneezing, coughing, headaches, etc since the fence was erected. It is also within the 35 feet of shoreline; it starts at the high water mark. What can we do to have it removed?


Asked on 8/25/10, 3:25 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

I am not personally involved in zoning issues, so I had one of my partners, Mike, give me his thoughts. Mike has spent a great deal of his carreer dealing with such matters. Mike says: I see issues of municipal regulations and DNR regulations. Beyond that, there are issues of loss of access to the sun and if all else fails, there is a potential civil suit based on nuisance. To get more specific with better answers would require greater detail and then research of the applicable local and state regs. The one option he has control over, and the most costly, is the private civil action based on nuisance.

Good luck with your issue. Tom Schober

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Answered on 8/31/10, 12:30 pm


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