Fence responsibilty?
The neighbor has pretty much already proven himself a jerk by asking
for the money. The only exception that I can think of is that he let
his previous neighbor (previous home owner) have full use of the pool
and assumed that the new owner was told of the arrangement and was
happy with it.
"David Babcock" wrote in message
news:8%AGb.657946$Fm2.579355@attbi_s04...
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.
My goodness, the lawyers come running don't they. While all the
legal mumbo
jumbo is fine, and I do suggest you go to your town hall and find
out what
is and isn't in the books legally (and it will probably vary from
what you
have read so far, backset, plot plan, permits, etc, etc.), you have
to weigh
in on what others have mentioned about being able to live next door
to your
neighbor.
Before being given a notice about sharing the cost, was there any
discussion
between you about the replacement of the fence? Your neighbor might
just be
going according to what was done with the previous owner, which
depending on
you may or may not be a correct assumption.
To cut this short, let's get back to the important
idea.....livability.
Sit down without any agenda's and discuss as neighbors what your
feelings
are. Costs, maintenance, property lines........whatever, and
hopefully you
will get to where you stand, look your neighbor in the eye and shake
hands
as friends. And maybe put it in writing (for you legal eagles)
If your neighbor is a jerk THEN cover yourself legally.
Remember.............You have to live there.
Dave
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