Whose is responsible for the fence?

[tiggerlover]

Hi everyone! I live on a corner lot and I share two parts of my fence with neighbors, one to the back and one to the right side (the left side and the front gate belong to us solely). I am just curious how do you decide who has the responsibility of maintaining and/or replacing the fence? If you wanted to replace it would you ask the neighbors who share if they want to cost share with you or do you take responsibility for the whole thing? And if you take responsibility for the whole thing do you need to discuss it with the neighbors before replacing it?

Thanks.

 

[marlynnp]

Hi everyone! I live on a corner lot and I share two parts of my fence with neighbors, one to the back and one to the right side (the left side and the front gate belong to us solely). I am just curious how do you decide who has the responsibility of maintaining and/or replacing the fence? If you wanted to replace it would you ask the neighbors who share if they want to cost share with you or do you take responsibility for the whole thing? And if you take responsibility for the whole thing do you need to discuss it with the neighbors before replacing it?

Thanks.

You're calling it your fence. Is it?? Is it on your property? If so, then it is yours and your responsibility.

 

[DisneyBamaFan]

If the back of the fence faces you, it is probably yours. Most towns do not allow a home owner to put up a fence with the back facing toward their neighbors...

 

[tiggerlover]

You're calling it your fence. Is it?? Is it on your property? If so, then it is yours and your responsibility.

The houses are close together so I really don't know to be honest with you, that is why I am asking. I guess I am assuming it is mine, but I don't really know how that all works (this is the first home we have owned) and all the houses in the neighborhood are surrounded by fences so it appears everyone is sharing a fence in some way, shape or form.

 

[PrincessSuzanne]

Well, I say if you start to take it down and the neighbor runs out to stop you, it is theirs otherwise it is yours.

Suzanne

 

[auntie]

The fence belongs to someone... you need to check your survey. That's not to say you can't go in on a new fence together with a neighbor, but they have no obligation to do so..just as you wouldn't have to maintain or replace a fence that isn't technically on your property.
Also every town or municipality has rules that govern where exactly a fence should be placed. For instance in our town...a fence is generally placed 6 inches "in" to your property. A property line..is an imaginary line..just as much yours as your neighbors. Therefore, it's safer to place your fence a few inches into your own property. Also fences in our town are supposed to have the "good" side ( if it's not a two sided fence) to your neighbor. Considered a "good neighbor" policy. Yet in the county my mom lives in you can put the fence anyway you like. You may not be a good neighbor though!
All this aside, we have "gone in on" a fence with my neighbor that bordered both our properties. We put in a new PVC fence with a lattice top to replace an old wood one. This benefited both of us, as it was nice to look at from both sides, and we split the cost. They were under no obligation to do so.

 

[JR6ooo4]

The fence belongs to someone... you need to check your survey. Surveys do not show ownership. Only location.

That's not to say you can't go in on a new fence together with a neighbor, but they have no obligation to do so..just as you wouldn't have to maintain or replace a fence that isn't technically on your property.
An "encroachment" is the property (fences, patios) of one, on the land of another. Again, location does not absolve ownership. But, If the fence existed when you moved in, before any current homeowners moved in, who knows what rights transferred to whom.

Also every town or municipality has rules that govern where exactly a fence should be placed. For instance in our town...a fence is generally placed 6 inches "in" to your property. A property line..is an imaginary line. Not imaginary, invisible but it can be determined.

just as much yours as your neighbors. only if the legal descriptions of each parcel describe a contiguous line. Sometimes there are gaps and sometimes there are overlaps!!! Therefore, it's safer to place your fence a few inches into your own property. Also fences in our town are supposed to have the "good" side ( if it's not a two sided fence) to your neighbor. Considered a "good neighbor" policy. Yet in the county my mom lives in you can put the fence anyway you like. You may not be a good neighbor though!
All this aside, we have "gone in on" a fence with my neighbor that bordered both our properties. We put in a new PVC fence with a lattice top to replace an old wood one. This benefited both of us, as it was nice to look at from both sides, and we split the cost.

just talk with them. it s the easiest way, if it goes well. Hehehehehee
mikeeee

 

[bimshire]

We share a fence with 3 neighbors (left, right and back side). I assume none of us own it outright. Over the years as any side needed replacing we would split the cost. It has worked every time.

 

[luvmy3]

Is the fence on the property line exactly? Who put it up originally?

 

[tiggerlover]

Is the fence on the property line exactly? Who put it up originally?

I believe it was put in when the house was built 20 years ago. I will have to look at the survey, but not sure how to read it, but will look anyway.

Thanks.

 

[mjkacmom]

Here, a fence can not be on the property line - it has to be a certain amount of feet in (I can't remember how much, but I needed to find out when I got my fence permit).

 

[Jennifer S]

Here, a fence can not be on the property line - it has to be a certain amount of feet in (I can't remember how much, but I needed to find out when I got my fence permit).

Us too. I would call your neighbors and ask- they might know.

 

[mikehn]

As someone else posted, check your property line. The surveyor marks the property line by inserting a marker in the ground. The marker may be become buried well after all these year, but if you can find it, you might be able to make a determination.

 

[Chicago526]

Around here whoever puts up the fence owns it, and ownership of the fence transfers when you sell the house. If none of the current owners put up the fence, and no one is sure who's previous owner did, then I'm not really sure how'd you figure it out, unless another neighbor who'd been around awhile remembers. Or maybe your town or city knows, since permits usually have to be pulled to put up a fence, your town could have a record.

 

[DancingBear]

It would be good to know the facts, but whichever side it's on, as a practical matter (and possibly a legal matter) you'll need to deal with your neighbor. You wouldn't want to just go out there and tear it down even if you thought it was on your side of the line. If there's some history there about whether the fence is on the line, or on one side or the other, or if it's on one side but they agreed to allow the other side to hook up to it, maybe the neighbor will know that and say so. If it's clear the fence needs to be replaced, then you can possibly work out a cost-sharing arrangement (and who gets the front/back).

 

[auntie]

You likely received a copy of your survey at closing. Perhaps you have it with those papers. The survey should indicate exactly where your property starts and ends..and where your neighbors starts and ends. You'll have to measure. Title company is very EXACT with this..at least they are where I live. I had my back door neighbor think we were putting our fence was on "his" property. Turns out it wasn't..it was 6 inches into our own property..as dictated by town code. One quick call to our attorney..and he faxed me the survey. Also..if a fence company is used to install the fence they usually want to see the survey as well.
Oh..and sorry about the property line being "imaginary"...I meant invisable of course.

 

[Juliegirl1]

I'm going through this right now. The fence was blown down during Ike and is currently propped up with boards. We have a "good neighbor" fence where every other section has the good side. I've asked my neighbors if they would split the costs to have it replaced and they don't want to chip in at all. The fence is not on anyone's property but right on the property line.

After talking to my contractor I have decided to have the whole fence put up with the "good" side facing me. This way if any boards fall off I will be responsible for replacing them. I'm also having the rot boards put at the bottom of the fence so that kind of rules out having the good neighbor fence anyway. Not sure if it makes a difference but I do have a big dog and he has pushed boards off from the back side of the fence so by having the good side of the fence on my side I might eliminate that problem.

If I'm going to spend six grand on a fence I might as well enjoy having the nice view. I might have done differently if the neighbors had offered to help.

 

[auntie]

Just make sure with your town or whatever municipality you fall under that facing the bad side of the fence to your neighbors is okay. A quick call to town hall and they can tell you for sure..if you don't already know that is.

 

[golfgal]

The houses are close together so I really don't know to be honest with you, that is why I am asking. I guess I am assuming it is mine, but I don't really know how that all works (this is the first home we have owned) and all the houses in the neighborhood are surrounded by fences so it appears everyone is sharing a fence in some way, shape or form.

This is very common around here. Most people just share the fence. If one neighbor talks about putting up a fence and the others say, great we want one too then they all just tie the fences together, put them ON the property lines and then share the cost and upkeep. We have a fence and share it with 2 neighbors. One neighbor is good about their "part" of the fence and the other is not.

We share a fence with 3 neighbors (left, right and back side). I assume none of us own it outright. Over the years as any side needed replacing we would split the cost. It has worked every time.