I want to put the fence back in it's original spot, which is the property line. My neighbor thinks it needs to be over on my property more.There is a survey marker, and the fence is right on that marker. He is threatening to sue if I replace the fence in it's original spot. Where does a fence usually go, on the property line or inside my yard? If I put it inside the survey marker then I am giving up some of my property. HELP!!
2007-06-10 07:05:42 · 6 answers · asked by Hoppy 1 in Home & Garden ➔ Maintenance & Repairs
This could be very touchy due to the fact that most people are Territorial and will fight for every foot they can get. Wherever the fence was, forget it.
Go to the codes division of your County Courthouse and see them. They will give you the facts and, if they have a print-out to give your neighbor, get one and show him.
You still may have to get a survey and proper legal lines and then prove to him your O.K., some people are like this.
2007-06-10 10:44:31 · answer #1 · answered by cowboydoc 7 · 0⤊ 0⤋
A fence for marking property boudaries goes on the property line. If you want to put a fence on the property line you and your neighbor must agree on the fence materials and should share the expense involved. If the fence is in a state of disrepair and needs to be replaced according to city code specifications the city will be more in your favor. If the fella does not wish to compromise, have the fence condemned or "cited" for non-compliance. This way you HAVE to replace the fence. If your neighbor gives you any grief about this, either sue him in court or spend the money out of your own pocket to silence the persons resistance. Resistance is futile. If the fence is in an urban ans/or suburban community the whole thing should be fairly easy to resolve.
2007-06-10 14:23:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Fences that define a property line between standard city lots are usually co-owned with both owners paying and owning 50% of the fence. Yes, they usually line exactly on the property line. If the fence was already there when both of you moved in and you are only repairing the existing fence then I doubt the other owner has a real say. If you are tearing down the fence and replacing it then theoretically he has half ownership and can put up a fight if you try to make him pay for half. If you are willing to pay the entire amount and you are replacing the fence with a substantially duplicate fence then he most likely doesn't have a leg to stand on. I would contact the city for verification and then go with their recommendation, or ask a real estate lawyer for a letter to the neighbor stating that it is in accordance with applicable statutes that the fence is placed on the property line and that he is obligated to pay for half, however you are willing to fund the entire amount and he is only required to sign a consent form. That ought to make him shut up.
2007-06-10 14:24:23 · answer #3 · answered by Joe D 3 · 0⤊ 0⤋
In my town, the law is 6 inches inside your property line.
2007-06-10 15:03:37 · answer #4 · answered by Little Lulu 4 · 0⤊ 0⤋
go to the building department and ask them you will probably need to get a permit anyways. If he insists you put in on your side then leave the old fence up and put a new one on your side so the old one is never moved. If you have the building dept. come check it out they will tell you where you can put it on the line or on your side.
2007-06-10 14:19:59 · answer #5 · answered by bubbles 5 · 0⤊ 0⤋
as long as it is not on his property at all or not taking away anything from his side there is nothing he can really do. you can either get an approval from the city or to make him happy bring it over .1inches so its all the way on your side and he cant say sh't
2007-06-10 14:10:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋