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
your line.



wrote in message
...

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
ask.

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.