Boundary Fence Hanging Items

[TampaArt]

Neighbor knocking items off fence!

Florida!

To add to my backyard, I've hung items on our boundary fence. Small mirrors, flat metal sculptures, etc. Four items over an 80 foot fence. I painted "my side" two years ago and have created an oasis in the backyard with fruit trees, koi pond, lush tropical plants.

Here's my problem: My neighbor keeps reaching over the fence and knocking items off. He threatened me, stating it's "his (insert expletive) fence" to which I tried to explain it's a boundary fence.

What recourse, if any do I have?

 

[PghREA]

Did you errect or pay for the fence? If not it is his - and you should remove your stuff from it.

 

[TampaArt]

it's a boundary fence, we both own it and are both responsible for it.

 

[Shel77]

Does that mean that you and your current neighbor shared the cost for this fence? If not then no you do not both own it who ever paid for the fence owns it.

 

[nextwife]

AS a gardener, I will share a trick for suspending items either in space or along a fence. You can drive a long dowel in the ground, then a copper or other metal pipe just big enough to go over the dowel, and drive that along the dowel. Make it as long as needed to hang the item at the correct height. Then hang your garden art on an S hook hung over the pipe opening. You could go along the fence, and the stuff would be almost exactly where it is now, just not actually hung on the fence. I did this along a lannon stone wall that I didn't want to drill into.

Problem solved. The stuff won't be on his fence but will be visually just where it was before.

 

[TampaArt]

Does that mean that you and your current neighbor shared the cost for this fence? If not then no you do not both own it who ever paid for the fence owns it.

The fence was here way before both of us moved in (but less than 7 years). I painted my side two years ago and no issues were raised - in fact, at the time he praised me on my selection of color for the fence.

 

[Shel77]

Ok, but you still don't know who own's the fence, you need to see if you can locate a permit, If the person that previously owned your neighbors home built the fence then when he sold him the house the ownership of the fence goes with it. Do you have a surveyto prove that the fence is not on either property but directly on the line? Does the survey show this fence?

 

[JusticeSeeker1]

Obtainng a survey is a good idea. However, it is not so simple a question as who paid for the fence. I know Floridia has a Boundary by Acquiescence law. Thus, where the boundary has been for some predetermined time is where the boundary lay. However, I am not certain about the best approach to your problem. My suggestion is to call a local attorney. You might just be able to pick his brain for insight.

 

[Shel77]

Unless one neighbor can prove adverse possession. If the fence is over the line whoevers property it is on has the right to move and or remove the fence. Just because there is a fence there does not make it the property line. We have our fence 2 feet inside our line for maintence reasons and that 2 feet still belongs to us and always will unless the neighbor has a valid adverse possession claim. To the OP get a survey.

 

[JusticeSeeker1]

Hmmm. Generally Boundary by Aquiesence laws apply a 5 foot rule. Wherein, if a fence is 5 feet from the original boundary line then the boundary line remains in its' original location. However, if it is simply a few inches on one side or the other then the boundary basically becomes the fence over time. ( I have seen similar problems in Oklahoma) I am not certain about the Florida law sans research on it. You may be right Shel77.