Fence responsibilty?

I have no idea of where the fence was placed. I did not survey it and he did not relay this info to me.

How have I been enriched?

I can't oppose a fence that he uses to enclose his pool. Nor should I have to pay for a survey to assure he is not encroaching on my property.

Reply to
tnom
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My goodness, the lawyers come running don't they. While all the legal mumbo jumbo is fine, and I do suggest you go to your town hall and find out what is and isn't in the books legally (and it will probably vary from what you have read so far, backset, plot plan, permits, etc, etc.), you have to weigh in on what others have mentioned about being able to live next door to your neighbor. Before being given a notice about sharing the cost, was there any discussion between you about the replacement of the fence? Your neighbor might just be going according to what was done with the previous owner, which depending on you may or may not be a correct assumption. To cut this short, let's get back to the important idea.....livability. Sit down without any agenda's and discuss as neighbors what your feelings are. Costs, maintenance, property lines........whatever, and hopefully you will get to where you stand, look your neighbor in the eye and shake hands as friends. And maybe put it in writing (for you legal eagles)

If your neighbor is a jerk THEN cover yourself legally. Remember.............You have to live there.

Dave

Reply to
David Babcock

Yes, livability is important. Get him to pay for painting the portions of your house that are visible from his property. After all, he does not want to look at a shabby house that brings property values down. I'm sure he will want to chip in.

Where do you park your car? Is yours as nice as his? If not, get him to make the payments on a new one. Ed

Reply to
Edwin Pawlowski

Property line fences bring a special problem. How does the owner of the fence maintain the fence on your side without trespassing on your property? This is why many jurisdictions require the fence set in far enough from the property line to avoid that problem. If this is a wood fence, who will paint it? If you do, can you pick your own color?

Since the fence in question is "falling part" I don't see your neighbor as being high in the maintenace area. Has the fence become an eyesore.

My take would be, somewhat apologetically, "Gee, you need that fence bacause of your pool. I don't get any benefit from either your pool or your fence (which by the way you have not been diligent in maintaining). I am sorry but I cannot see a reason for spending my money on something that is not to my benefit."

And finally, I think he is trying to pull a fast one on you. Remember those words of P.T. Barnum abou suckers being born every minute.

Charlie

Reply to
Charlie Bress

First - adverse possession seldom is effectively enforced, especially with regard to residential real estate that is occupied.

Second - If there is any provision for the application of adverse possession where the property is located the survey and transfer of title at the time of purchase negated it as far as the current owner is concerned and the clock would start to run from the time he took title to the property.

Third - all of the above is completely moot since if the fence is on the property line and none of the OP's property is being encroached upon! Where do you get the idea that "a few feet" of the OP's property s in jeopardy?

Reply to
avoidspam

Never heard this argument - the fence was the other party's and placed in all probability to comply with safety/zoning requirements because of the pool. The fence was in place when the OP took title to his property so the argument you make for "unjust enrichment" has no basis in this instance.

The fence was the neighbors,on his property line and besides was already up when the OP took title to the property on HIS side of the line.

The OP has no obligation for the replacement or maintenance of his neighbor's fence - it is solely the neighbors responsibility. Again the fence was not a new addition but an existing feature of his neighbor's property.

None of this is applicable to the instant case and it appears that it is your intention to use obfuscation as the basis for your arguments!

Reply to
avoidspam

Further on this subject - in order to claim adverse possession the person looking to obtain the property has to actively possess and use the property. Here the placement of a fence in and of itself is not sufficient to allow a claim of adverse possession and in fact fences here are considered to be "portable" and may encroach on adjoining property or be erected in areas where permanent construction is not permitted, i.e. buffers and easements.

Reply to
avoidspam

You are likely correct. I told him to check.

certain

Reply to
Art Begun

You are likely correct. I told him to check.

especially

Reply to
Art Begun

Unjust enrichment is the silliest thing I've ever heard. I'm sure he's joking.

someone

length,

original

Reply to
Art Begun

The neighbor has pretty much already proven himself a jerk by asking for the money. The only exception that I can think of is that he let his previous neighbor (previous home owner) have full use of the pool and assumed that the new owner was told of the arrangement and was happy with it.

someone

length,

original

legal mumbo

depending on

idea.....livability.

hopefully you

Reply to
Art Begun

Has anyone ever thought of this ..............

In order for the man to build the pool and fill it up, the city/county had to sign off that the fence was of legal construction, that it was located properly, and complied with code. And since you weren't around, you have no real obligation or liability regarding the previous homeowner, structures built OFF of your property, or any agreements the previous owner entered into, either implied or expressed.

Since the pool was built and filled with the supervision of the local building department, the city/county has stated by their actions that the fence met ALL laws. If the fence is on the property line, or one inch on your property, it was an illegal structure that the city/county authorized as safe and legal.

Since the future fence will be located on his property, I would either tell him to pay for the thing himself, or offer to pay some small amount to keep the peace. I would insist that the fence be located at least one inch inside his property line so he can't come back at you later. Since he "notified" you that you would "have" to pay half, he may be incorrectly advised, not know the facts, or just be a garden variety putz.

If the fence IS on your property, even half of it, I would thank him for removing the fence, let the city/county know that THIS time you will make certain that the fence is legally located, that you DO NOT want it on your property, and encourage them to do the same. I would still offer to pay a SMALL amount just to keep the peace.

If your neighbor continues to be a putz, just make sure the fence is on his property by notifying the inspector and city/county of your concerns that the fence is PROPERLY AND LEGALLY situated, and let him pay for it all. It is ALL of his responsibility to fence in an "attractive nuisance" and NONE of yours. Is he going to want you to help pay for some pool furniture next?

This one requires the wisdom of Solomon. You have to live next to the guy, but if he is unreasonable, you gotta stand firm. Otherwise, he will be coming up with something new every time you turn around.

Steve

Reply to
SteveB

Horse poop, an attorney you're not.

Exactly how has the OP been enriched? By a neglected fence? You're way off base, I suggest you review exactly what enrichment consists of. The OP clearly states the fence was there when they moved in, they have NO obligation to help unless the pool was a _shared_ pool.

The property owner of the pool has an obligation legally to maintain the fence through code enforcement.

You're not by chance the OP's neighbor by trying this lame brain tactic, are you?

Reply to
Josh

The fence guide lines in the HOA by laws for our association require that fences either be on the property line or FIVE (5) feet inside of it. (Double fences are not permitted - cases where two home owners want different style fences along the same boundary line.)

Since he notified the OP that he would have to pay half, I would feel the only obligation the OP has is to notify him that he was NOT paying anything!

Reply to
avoidspam

Depending on the local zoning that may not even be the case - the zoning in the last township we lived in only required pools to be fenced if the lot size was LESS THAN 1 acre - a pool on a lot larger than an acre needed no fencing around the pool or the lot!

Reply to
avoidspam

T > Scenario: You move into an existing sub were one of your next T > door neighbors has a property line fence because he has a pool. T > You have no other fencing other than the shared fence of above. T > T > 1. If this neighbor decided to remove the shared property line section T > of fence that is falling apart, and replace it with a new length, T > are you required to chip in with the cost?

Nope.

T > 2. If the neighbor puts up this new section of fence doesn't he have T > to have your approval before he puts it on the property line, T > otherwise he must put it just inside the property line?

According to local code, no. We had a section of new fence installed. Neighbouring house is rental -- that would have been "real interesting"! We did ask similar questions of the fencing contractor (thanks to prior threads in this newsgroup/conference). Contractor took his metal detector, swept for the front yard marker; back property line marker is still above ground. We actually gained a little over a foot of property.

T > I ask these questions because I have no use for fences. The shared T > fence is only there because of my neighbors pool. I have no clue as to T > if the previous owner of my house had any agreement with the original T > pool owner about the initial installation of the fence.

Whoever puts up the fence is responsible for it, as I understand things, and according to local code. (You might want to check with your local codes if you feel the need. Some of our's are available on-line.) AFAIK most codes require fencing around a pool, and since the pool is your neighbour's....

- ¯ barry.martinþATþthesafebbs.zeppole.com ®

  • Forrest Zen I am one with the chocolate
Reply to
barry martin

Our next-door neighbor wanted to replace his fence on our side of his property. We received a notification by mail from an attorney that this was his plan. He also stated that the fence would be placed 6 inches inside his property line (on his side), and the main reason we were being notified was that they may need to step on our property to complete the removal/replacement of the fence. Not sure if that was done because of laws saying he had to notify us, or if he was just being a good neighbor and covering all of his bases. But we appreciated it - we had chickens and a dog at the time, so needed to make sure we could keep them confined.

Reply to
L Beck

idea.....livability.

I wasn't advocating he pay for his neighbors fence, just the opposite. What I was saying is do it civilly, like the neighbor should have done with him. All the points about needing the fence to have the pool, gaining nothing esthetically or property wise, not wanting to maintain it, etc. are all points I would bring to the neighbor, but if it were me I take the high road. Tell him what your thoughts and expectations are, hoping there is an understanding friendly neighbor. But walking in with an attitude, or worse, a letter from your lawyer, (sorry guys, and my brother is a lawyer) will most likely only make matters worse. When I built a 6 ft stockade across the back of my property, abutting two other properties, I built it one foot inside the property line, faced the better side toward the neighbors, and paid for it myself. I never heard a complaint. But then I'm 6'3" and 320 lbs. ride a Harley and have two sons bigger than me. Go figure.

Dave

Reply to
David Babcock

"David Babcock"

Guess I mis-understood.

No complaints from me either, friend. Ed

Reply to
Edwin Pawlowski

being a big guy i guess you learned to be civil.. the big ones that i remember who grew up did so, and the ones that did not well someone either shot them or they are in prison now..... young nephew tells me that he cant stand to be around with his cousin, big kid, always picking fights with the other guys his age at bars, pool halls.. i told him to stay away from this guy, as someone is gonna get back at him and go to their car an get their gun and let him have it(in their eyes it will be the only alternative ) , sure enough he got shot in a bar.. so justice prevailed, well at least for now.....

Reply to
jim

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