On Wed, 24 Dec 2003 11:58:06 -0500, wrote:


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?

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.

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?

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
between neighbors.

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.

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
the internet...

Jeff