Fence info

[anselljw]

What is the name of your state (only U.S. law)? SD

My neighbor and I want to build a fence on the property line? Should we get an easement of this fence, so when one party wishes to sell in the future the rights of the fence are transferred to the new owner? Also if needed; does this easement need to be recoded at the county?

[divgradcurl]

Originally Posted by anselljw

What is the name of your state (only U.S. law)? SD

My neighbor and I want to build a fence on the property line? Should we get an easement of this fence, so when one party wishes to sell in the future the rights of the fence are transferred to the new owner? Also if needed; does this easement need to be recoded at the county?

Why would you need an eaement for a fence on the property line?

[HuAi]

Originally Posted by anselljw

What is the name of your state (only U.S. law)? SD

My neighbor and I want to build a fence on the property line? Should we get an easement of this fence, so when one party wishes to sell in the future the rights of the fence are transferred to the new owner? Also if needed; does this easement need to be recoded at the county?

No, you need to go down to your city hall, ask them for setback and height requirements, and follow them. You may or may not be allowed to build on the property line.

[FarmerJ]

If zoning does allow a fence on the lot line then there is nothing more to do except one thing You might want to have a atty draw up a owner ship agreement about the fence, It can be simple and say each of you paid for 1/2 of the fence and spell out conditions for replacement/ maintanence example would be should the fence become 50 % destroyed by aging /weather related causes both partys agree share the cost to repair or replace the fence with a new one, or what ever formula you both agree on and then have it tied into each of your homes titles so if one person must sell then there will be a agreement in place that a new owner would have to follow. Both of you might get along great now , BUT if a new owner were in one of the homes they might not get along so well and then its a headache , Read thru some of the postings about boundry disputes where ownership changes and then the old verbal agreements are long forgotten.