This may not be the right group but I'll take a chance that someone
may shed some light on these questions that I have always wanted to
Scenario: You move into an existing sub were one of your next
door neighbors has a property line fence because he has a pool.
You have no other fencing other than the shared fence of above.
1. If this neighbor decided to remove the shared property line section
of fence that is falling apart, and replace it with a new length,
are you required to chip in with the cost?
2. If the neighbor puts up this new section of fence doesn't he have
to have your approval before he puts it on the property line,
otherwise he must put it just inside the property line?
I ask these questions because I have no use for fences. The shared
fence is only there because of my neighbors pool. I have no clue as to
if the previous owner of my house had any agreement with the original
pool owner about the initial installation of the fence.
If the agreement was not recorded then you have no obligation under
it. Fences normally have to be set back from property lines. If he
is on your line then the survey should have shown it and the lawyer
doing the closing and/or title company should have brought it to your
attention. Look at the survey and see what it says. If it says the
fence is on the line call up the lawyer and ask him what should be
done about it. Since he failed to bring it to your attention he may
have committed mal-practice and should be willing to advise you
without charge. You may live in a state where lawyers no longer do
closings in which case the title company may have screwed up. Check
the policy and see if they have an exception for the fence if it is on
The only reference to a fence is from a survey drawing from the
title company. It shows a wooden fence drawn on the property
line. This fence is no longer there. It was replaced a couple of
years ago. The only notification I got about the new fence was a
notification that I should pay for half. I refused on the reasoning
that the fence is only there because of his pool.
In the future, if the fence requires repair, and my neighbor asks for
help with the cost, what should my response be?
This is Turtle.
Hey Tnom, i have my back fence at my house that is getting bad and i need
you to chip in on the cost of repairing it. I know we probley live in
different states but your close enough to ask you to chip in on it. i will
accept cash or check. Hope to see a check in the mail soon. Oh, i'll keep
you posted on the replacement after i receive your check.
Oh yea, awwwwww the replacement will cost about $1,200.00 and you only need
to pay $600.00 of the replacementment cost.
Thank you for your help in advance.
Notification from your neighbor to pay half?
Pool owners have a responsibility to have a fence by code. Since its
obvious this is why the fence is placed, I would check with your zoning to
see if a fence can be _on_ the line. In my area, you can go upto, but not
on the line.
I would tell the lunkhead to move the fence if you're not allowed to be on
the line. Neighbor has a set of 16lb balls to ask you to help with the
Tell s/he if they want to own a pool, they have to accept the
responsibilities that go with it.
Fence expenses on lot lines between farms/ranches were traditially shared
50/50, since both benefit by containing their own animals. But since this
fence appears to be for your neighbor's benefit only (likely required for
the pool), they should put it on their own property per applicable codes,
and own it completely. Or do you benefit by not seeing your neighbor's
Even after you check the local legalities, you may want to consider
whether you want to be technically correct and have a hostile neighbor, or
David Efflandt - All spam ignored http://www.de-srv.com /
In the first place it was just plain rude to tell you owed
half without having discussed it with you first and to find
out what your desires were. States and localities are
wildly different in real estate matters. But it is likely
that none of it is your responsibility and you should refuse
help with the cost of both construction and maintenance if
the fence provides no benefits to you.
In most states there is something called Adverse Possession. If
someone encroaches your property openly and maintains it, in a certain
number of years he owns it. If you give him permission then he can
never own it because his action is not adverse to his rights. I don't
known how long adverse possession takes in your state but the clock
may be ticking. It usually is a long time like 10 to 25 years. In
any case you risk losing a few feet of property if he is on your line
without permission. Normally he has to have a set back. Whether not
having a set pack is the same as being on your property and
maintaining it for the purposes of adverse possession, I do not know
and you should find out.
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?
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.
2 things... 1) Does he need a building permit in the first place?
2) He needs to keep it on his property unless he makes a
different agreement with you.
If the fence was there when you purchased the home, you don't have much room
to complain about the existing fence. You do have the right to request that
the neighbor move the fence line to his property if he reconstructs part of
On Wed, 24 Dec 2003 17:30:50 GMT, "Kyle Boatright"
Unless of course they ask and out of the "goodness of your heart" you
agree to share the cost, but considering that it is not YOUR fence and
they may be required to have it because of the pool why would you
1) They may not need a building permit for a fence (in the
municipality where we live there is no requirement for a permit for a
fence, BUT approval of the municipal authorities is required regarding
the type of fence put along/facing specific types of streets and roads
- there is a maximum height limit on any fence in the town too!
2) Although no permits are required a fence may be placed anywhere on
the property or on the property boundary - neighborhoods that are part
of a planned unit development may have specific requirements for a
home owner to obtain prior approval regarding the location and styles
of fences permitted by the association.
Any agreement between the previous owner and your neighbor would have
had to have been registered and incorporated with the deed to the
property if it was intended to apply to successive owners of your
property. You would have had to have been aware of this and agreed to
it at the time you took title to the property.
Although you may request that the neighbor move the fence, they
probably are not obligated to comply with your request, especially if
the fence is located on the boundary line.
I'm sure you will get a lot of answers here and some of them may even
becorrect, but the only way you will know for sure is to call your
local zoning board or whatever local agency has jurisdiction in the
community where you live.
On Wed, 24 Dec 2003 11:58:06 -0500, firstname.lastname@example.org wrote:
Not normally. Assuming you didn't sign an agreement with your
neighbor and no binding agreement transferred with the title to the
property, the only other thing to check would be any homeowner's
association covenants or local ordinances.
Maybe, maybe not. That's up to local codes. Locally, a fence may be
on the property line in certain circumstances, and there is no need
for an agreement between the neighbors. In my mother's jurisdiction,
unless the fence is a shared fence and there is an agreement between
the neighbors, the fence must be at least one foot inside the proerty
line. Which makes for quite a few two foot lanes of unmowed grass
The only legal jurisdiction in your case likely isn't answering
questions on this newsgroup. If it were me, I'd talk with the
neighbor about it long before I started looking for legal advice on
tell the neighbor that if it was up to you that you would just tear down
the fence... let him/her know that you dont care for fences and try to
talk them into not having a fence.. he/she will then say: "Oh i got a
pool and need a fence." then you tell them, "Well, its OK with me, but
i cant afford one now, sorry."""
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