"JerryMouse" wrote in message
news
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?

Under most circumstances, yes.*


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?

If you say nothing when he erected the fence, you consented to its
placement. Where he puts the fence does not impact your obligations.
Either
way, you're in for half.*



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.

* Here's the drill. You are responsible for your portion of the cost under
the principle of unjust enrichment. At the first moment you detect such a
project underway, you must announce your opposition. Failing to say
anything, under the principle of "assent by silence," you implicitly
conset
to the construction and its attendant costs.

Horse poop, an attorney you're not.

Exactly how has the OP been enriched? By a neglected fence? You're way off
base, I suggest you review exactly what enrichment consists of. The OP
clearly states the fence was there when they moved in, they have NO
obligation to help unless the pool was a _shared_ pool.

The property owner of the pool has an obligation legally to maintain the
fence through code enforcement.

You're not by chance the OP's neighbor by trying this lame brain tactic, are
you?