On Wed, 24 Dec 2003 12:44:32 -0500, wrote:
On Wed, 24 Dec 2003 17:27:59 GMT, "Art Begun"
wrote:

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.

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?

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
family?

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
maintain goodwill.

--
David Efflandt - All spam ignored http://www.de-srv.com/