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Charlie Bress
 
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Default Fence responsibilty?


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?


Property line fences bring a special problem.
How does the owner of the fence maintain the fence on your side without
trespassing on your property? This is why many jurisdictions require the
fence set in far enough from the property line to avoid that problem.
If this is a wood fence, who will paint it? If you do, can you pick your own
color?

Since the fence in question is "falling part" I don't see your neighbor as
being high in the maintenace area. Has the fence become an eyesore.

My take would be, somewhat apologetically, "Gee, you need that fence bacause
of your pool. I don't get any benefit from either your pool or your fence
(which by the way you have not been diligent in maintaining). I am sorry but
I cannot see a reason for spending my money on something that is not to my
benefit."

And finally, I think he is trying to pull a fast one on you. Remember those
words of P.T. Barnum abou suckers being born every minute.

Charlie






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.