[N/A] good fences make good neighbors

[Matthew]

I know, the answer will probably be "check with a lawyer".

Neighbor A has a fenced yard, neighbor B is contemplating attaching to that fence to close off B's yard.

A is already considering removing the fence (needs maintenance, not really necessary, ...)

A and B are both on good terms, no disputes, no problems.

How do A and B go about this - the fence is on A's side of the line, and A won't want to be responsible for maintenance and upkeep of the shared section if the rest A's fence is removed. Selling that section for $1, or something like that, might not work since it's on the wrong side of the property line. A and B figure a handshake and beer will be good enough.

Is there a simple form or waiver that normally gets signed so that when A or B move (possibility in the next 5-10 yrs), the new owners, surveyors, and title companies, understand the situation?

 

[oldShar]

In most communities, a non-common owned fence is to be placed at least 6" inside the property line of the owner. The adjacent gets temporary benefit and equivalent extra area to his property while the fence is up; but the fence belongs to the owner of that fence. He can do with it (within zoning) whatever he wants --- including removing it.
An adjacent can attach to it ONLY with permission of the owner --- and the owner can still remove his own fence --- without prior notice or justification. (and B will be encroaching on A's property to make the attachment [trespass])

If B wants a full enclosure, he should put up an entire fence on his own --- 1' separated, on his property, from the existing fence.

Normally/usually, the community will require a permit to erect the fence. Have him go to the Town/City hall to get the legals done on the requirements and paperwork.

 

[steingar]

One of my neighbors just paid for her neighbor's privacy fence, since neighbor number 1 wanted it more (it was old and nasty and needed rebuilt) and was hanging plants off it.

 

[Sac Arrow]

I've had to replace a common fence on two sides. I just worked it out with the neighbors. Neighbor #1 I just split the costs to have a fence guy do it. Neighbor #2 wanted to do the work vs. hire a contractor, so I just paid for the materials and he did the work. Win win.

 

[JCranford]

I had a neighbor in my last house that would not allow me to attach to her fence. I built a parallel fence 6 inches from her existing fence and made sure my new fence was all the way to the ground so any critters that went between the two fences would end up in HER yard.

If A and B agree that B will keep his fence up and let A attach to it, A should be responsible to maintain it since B would have torn it down anyway.

If either one moves then the fence is the responsibility of the owner who's property it is actually on. If B moves and the new owner wants to remove the fence then A is SOL unless a new agreement is made.

I currently share a fence with FOUR different neighbors. What an ordeal THAT is. I cant wait to move somewhere a tad more open...like MONTANA!

 

[Matthew]

I'm actually neighbor C in this situation, who's on good terms with A and B. They are both talking to me about this and I got curious about how this normally works. Because of the odd way these lots are laid out, this is really going to change the way my own yard looks.

Neighbor D enclosed his yard and did add his section of fence adjacent to A's fence, on his side of the line. That strip between the two gets Roundup now and then to keep the weeds down.

--

Near my old neighborhood a property owner put up a fence, but put it about 2'-6' inside his line. His property abutted what ended up becoming a subdivision. The 10 or 12 homeowners that backed up to that fence connected to it - maybe with permission, maybe not, maybe the survey was off, maybe not. I think the property sold, the new owner wanted his land back and after several trips to court, all those homeowners had to re-fence their back yards. Now there is a section of weeds that nobody can really get to.

 

[cowman]

It seems to me that neighbor A should go ahead and tear down his fence and neighbor B should build a new fence right on the edge but still on his property line. It's on the line, one person controls it, should make things simple in the neighborhood.

 

[Matthew]

It seems to me that neighbor A should go ahead and tear down his fence and neighbor B should build a new fence right on the edge but still on his property line. It's on the line, one person controls it, should make things simple in the neighborhood.

That's a good idea. A is already considering removing his fence. A could remove the shared section, B gets to put up a new section that matches his own additions, and on his side of the line. A could then make a short connection to the new B fence until A gets around to removing the rest of his fence.

 

[N747JB]

If A is planning on tearing down his fence, B should build his own fence. If A's fence needs a little repair (less than the cost of B putting up that section of fence) then B could offer to help with the cost on the condition that his new fence can join A's fence. If they already get along, this shouldn't be a huge issue.

 

[Bill]

A and B figure a handshake and beer will be good enough.

Someday A may want to sell the house, and the prospective buyer may say get that wretched fence off my property as a condition of sale. As long as B is cool with that possibility, then the handshake might suffice.

 

[Matthew]

If A is planning on tearing down his fence, B should build his own fence. If A's fence needs a little repair (less than the cost of B putting up that section of fence) then B could offer to help with the cost on the condition that his new fence can join A's fence. If they already get along, this shouldn't be a huge issue.

Nahh - this is a simple issue, no problems with anybody not getting along.

I suspect B will end up building a new fence along that shared section.

Now, on to neighbor D who has vines and all kinds of crap growing and falling over the top of his 5' privacy fence and into my yard!!!

 

[N747JB]

Nahh - this is a simple issue, no problems with anybody not getting along.

I suspect B will end up building a new fence along that shared section.

Now, on to neighbor D who has vines and all kinds of crap growing and falling over the top of his 5' privacy fence and into my yard!!!

I suggest "Roundup" or a generic equivalent! Maybe diesel fuel!

 

[Shepherd]

My (only) neighbor was so mad when I put up a fence they sold their house and moved away. If I had known it was going to be that easy, I would have done it years ago.

 

[Matthew]

My (only) neighbor was so mad when I put up a fence they sold their house and moved away. If I had known it was going to be that easy, I would have done it years ago.

Heh - did it have anything to do with all the barbed wire?

 

[dell30rb]

Neighbor A buys a waterfront home with an unsold, undeveloped lot adjacent and set back on a canal. Neighbor B buys said lot.

Neighbor (unknown) dumps yardwaste on neighbor B's lot

Neighbor A receives a nasty lawyer letter from Neighbor B accusing Neighbor A of dumping yard waste on Neighbor B's lot. Neighbor A responds, denying any involvement. Later, during construction of Neighbor B's home, a tree well over 2' into neighbor A's lot is cut down without permission or notice. Neighbor A builds a 9' tall fence, 200 ft long, 6" over the property line which just so happens to obstruct neighbor B's view of the open water.

Neighbor B shoots Neighbor C's dog with a pellet gun. Neighbor C and Neighbor A conspire to paint Neighbor B's side of the fence hot pink.

 

[Jim Logajan]