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Neighbor Using My Fence



 
 
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  #1  
Old July 28th 05, 03:56 AM
FOM
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Default Neighbor Using My Fence

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?

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  #2  
Old July 28th 05, 04:22 AM
Clark W. Griswold, Jr.
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"FOM" wrote:

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


I suspect you never asked him when you put up your fence, right? Or how he felt
about having a fence. That would have been the time to ask if they wanted to
share in some part of the cost. Me thinks you are being a bit anal. Have you
something in for your neighbor? What would you have him do, build a parallel
fence down your fence line?

Presumably you put the fenceline clearly inside your property boundary and not
right on the property line. If not, he's free to do whatever he likes with his
side of the fence, including painting, attaching, modifying, etc.

Once you put yours up, he is free to continue the fence line. If you are
concerned about the attach point, I'm sure he could put up a duplicate pole/post
right next to yours, but why?
  #3  
Old July 28th 05, 04:37 AM
FOM
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There was no house there when we put up our fence. Hey, way to make all
sorts of judgements about me from my post.

  #4  
Old July 28th 05, 04:53 AM
G Henslee
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FOM wrote:
There was no house there when we put up our fence. Hey, way to make all
sorts of judgements about me from my post.


Call a lawyer. Pay him $250 an hour to tell you what you don't want to
hear.
  #5  
Old July 28th 05, 05:01 AM
D. Gerasimatos
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Default

In article .com,
FOM wrote:

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?



I'd do nothing. What do you want to happen?


Dimitri

  #6  
Old July 28th 05, 05:12 AM
FOM
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This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.

  #7  
Old July 28th 05, 07:15 AM
D. Gerasimatos
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Default

In article . com,
FOM wrote:

This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.



So you want him to pay you? I'd tell you: "I'll see you in court."
Maybe you'd win, but I wouldn't pay you a dime without seeing a judge.
Is it really worth it to you? You sound like kind of an asshole. You
were going to pay for the fence in entirety whether or not your neighbor
enclosed his property.


Dimitri

  #8  
Old July 28th 05, 10:35 AM
Al Bundy
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Default



FOM wrote:
This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.


Where are you getting this garbage? Fences are often governed by local
ordinance, particularly in residential areas. You might be very
surprised who is responsible for which fence. In my area, for example,
residents are responsible for the fence on one side and the other
neighbor has responsibility for the fence on the other side. In any
event, attaching to the existing fence is not prohibited or a source of
refund to any neighbor.

  #9  
Old July 28th 05, 02:19 PM
CL (dnoyeB) Gilbert
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Posts: n/a
Default

FOM wrote:
I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


Be neighborly.

--
Respectfully,


CL Gilbert
  #10  
Old July 28th 05, 02:51 PM
Donna
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Default


"FOM" wrote in message
oups.com...
I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


Nothing.

I'm beyond curious why this bothers you, but whatever. I suppose you want
to do one of the following:

a) tell the neighbor to put up a duplicate fence, which is going to make you
look like an absolute ass, and is also going to mean that no one can mow
between the two fences, and your yard will look like crap where the grass
and weeds are growing uncontrolled, or, if the second parallel fence is put
up with mowing room between, hello, your yard will look like Rahway Prison.
That's an attractive solution.

or b) ask the neigbor to pay you for half of the fence segment, which is
going to make you look like an absolute ass, and will be an enormous pain in
the ass from then on, because everything that has anything to do with that
segment of fence will now have to be negotiated with the neighbor. Not a
good idea.

Lighten up, guy. Share the fence happily, particularly when you consider
that every other solution is worse than the problem

Donna


 




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