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D. Gerasimatos wrote:
In article . com,
FOM wrote:

This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.



So you want him to pay you? I'd tell you: "I'll see you in court."


I think we're overlooking something obvious, namely that the OP could
be neighborly and just talk to the neighbor in a friendly way and see
if there's something they could work out that would work for both of
them that would meet whatever the OP and the neighbors decide is the
goal.

Asking strangers in newsgroups, hiring an attorney, going to court,
etc. just seem like elaborate ways to avoid the obvious, which is to
communicate with the the only other party that matters, namely the
neighbor.

If the OP wants payment or some sort of compensation, it might be
possible to work out some easy form of compensation. We had a dispute
once with a neighbor, and we were able to negotiate and settled
everything easily and in ways that would benefit everyone. Nobody went
on the warpath and relsolving the conflict peacefully improved
relations with the neighbors.

Maybe you'd win, but I wouldn't pay you a dime without seeing a judge.


And that "win" might just lead to continuing hostility with the
neighbors. So assuming the OP got some money, in the long run it might
just be a big hassle, damage relationships with neighbors, and simply
not be worthwhile.

Assuming the OP enjoys conflicts, as some people do, it's smart to pick
your battles.

Is it really worth it to you? You sound like kind of an asshole. You
were going to pay for the fence in entirety whether or not your neighbor
enclosed his property.


I see your point. Anyway, I'd try for a peaceful, openminded
resolution. Assuming the OP wants compensation, maybe there's some way
that the OP could get that w/o straining neighborly relations further.

Had the neighbors been communicating to start with, the problem
wouldn't have occurred, IMHO. So they need to start communicating and
work out a peaceful resolution.