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.




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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?