Fence Issue - St Petersburg, FL

[kwithers2000]

I recently purchased a house in foreclosure in the city of St Petersburg FL. I do not live there. We are renovating the house and then will either sell it or rent it (most likely sell it). When we purchased it, the house was in miserable shape and was nearly a complete tear-down - boarded up windows, several holes in the roof, yard overgrown, etc. We immediately set about cleaning up the house and renovating it. This house sits on a corner and only has a shared property line with ONE neighbor. On that shared property line was a chain link fence facing our property and right next to it a very nice white vinyl fence (facing the neighbors side). So essentially there are two fences right along the same property line touching each other. The neighbor can not see the chain link fence because the white vinyl fence is closest to them and it is larger obviously. Unfortunately, weeds and large brush have grown between the vinyl fence and the chain link fence and it's a terrible eye-sore. Also the chain link fence is very rusted (not everywhere but in large chunks mostly where all the weeds and brush grew). So we assumed (incorrectly as it turns out) that the chain link fence belonged to the property we purchased - because there was a nice white vinyl fence immediately next to it. In order to clean up the yard and brush that was terribly overgrown, we removed the chain link fence. As it turns out, the chain link fence actually belonged to the neighbor! It was a mistake on our part to remove it - totally acknowledge that! It was an honest mistake (not that that matters probably). The chain link fence was actually 2-3 inches ON the neighbor's property, not on our property. The white vinyl fence is 3-5 inches on the neighbor's property. So the neighbor is completely irate about us removing the chain link fence. And we do feel bad about removing it now that we know it's hers, honestly we do. We have tried to work something out with her on a solution, but the only solution she is willing to consider is for us to literally put back the chain link fence (either the old one or a new one). This just doesn't seem reasonable to us. The old chain link fence was rusted and two fences together allows weeds and brush to overgrow between the fences. The Both fences would again be on the neighbor's property and impossible for the neighbor to maintain and clearly they had not been maintaining the chain link fence. The neighbor keeps threatening to take us to small claims court if we do not put the chain link fence back. We genuinely are sorry about removing the chain link fence and would like to avoid small claims court (although that wouldn't be terrible), but the neighbor has not been reasonable at all on finding another solution. So my question is around the legality of 2 fences like this when the owner can not maintain the other fence? And would a judge really order us to install a new chain link fence? Does anyone know of any other solutions to this type of issue? We full accept we made a mistake here and want to make it right, but putting a chain link fence back up that can not be maintained just doesn't seem reasonable??

 

[drruthless]

I recently purchased a house in foreclosure in the city of St Petersburg FL. I do not live there. We are renovating the house and then will either sell it or rent it (most likely sell it). When we purchased it, the house was in miserable shape and was nearly a complete tear-down - boarded up windows, several holes in the roof, yard overgrown, etc. We immediately set about cleaning up the house and renovating it. This house sits on a corner and only has a shared property line with ONE neighbor. On that shared property line was a chain link fence facing our property and right next to it a very nice white vinyl fence (facing the neighbors side). So essentially there are two fences right along the same property line touching each other. The neighbor can not see the chain link fence because the white vinyl fence is closest to them and it is larger obviously. Unfortunately, weeds and large brush have grown between the vinyl fence and the chain link fence and it's a terrible eye-sore. Also the chain link fence is very rusted (not everywhere but in large chunks mostly where all the weeds and brush grew). So we assumed (incorrectly as it turns out) that the chain link fence belonged to the property we purchased - because there was a nice white vinyl fence immediately next to it. In order to clean up the yard and brush that was terribly overgrown, we removed the chain link fence. As it turns out, the chain link fence actually belonged to the neighbor! It was a mistake on our part to remove it - totally acknowledge that! It was an honest mistake (not that that matters probably). The chain link fence was actually 2-3 inches ON the neighbor's property, not on our property. The white vinyl fence is 3-5 inches on the neighbor's property. So the neighbor is completely irate about us removing the chain link fence. And we do feel bad about removing it now that we know it's hers, honestly we do. We have tried to work something out with her on a solution, but the only solution she is willing to consider is for us to literally put back the chain link fence (either the old one or a new one). This just doesn't seem reasonable to us. The old chain link fence was rusted and two fences together allows weeds and brush to overgrow between the fences. The Both fences would again be on the neighbor's property and impossible for the neighbor to maintain and clearly they had not been maintaining the chain link fence. The neighbor keeps threatening to take us to small claims court if we do not put the chain link fence back. We genuinely are sorry about removing the chain link fence and would like to avoid small claims court (although that wouldn't be terrible), but the neighbor has not been reasonable at all on finding another solution. So my question is around the legality of 2 fences like this when the owner can not maintain the other fence? And would a judge really order us to install a new chain link fence? Does anyone know of any other solutions to this type of issue? We full accept we made a mistake here and want to make it right, but putting a chain link fence back up that can not be maintained just doesn't seem reasonable??

Ya ever heard of round up?

.._____________________
~ You will not be punished for your anger,
you will be punished by your anger.~ Buddha

 

[kwithers2000]

RoundUp

Yes, believe it or not we did do that first and most things died. I have pictures. There were literally small new trees and brush with vines/branches 2-4 inches in diameter growing through and between the chain link fence. Roundup killed alot of stuff but not the larger stuff that was growing like a vine in and out of the chain link fence. I spent 5 or 6 hours trying to clean it up but when the rusted parts of the fence started breaking (from my trying to rip out dead branches and stuff), that's when we decided to cut the chain link fence out. Anyhow, I'm not looking for ideas on what I "should have done" ... I can't un-ring the bell ... I'm trying to do the right thing now ... so I'm looking for solutions or advice given the current situation.

 

[drruthless]

Yes, believe it or not we did do that first and most things died. I have pictures. There were literally small new trees and brush with vines/branches 2-4 inches in diameter growing through and between the chain link fence. Roundup killed alot of stuff but not the larger stuff that was growing like a vine in and out of the chain link fence. I spent 5 or 6 hours trying to clean it up but when the rusted parts of the fence started breaking (from my trying to rip out dead branches and stuff), that's when we decided to cut the chain link fence out. Anyhow, I'm not looking for ideas on what I "should have done" ... I can't un-ring the bell ... I'm trying to do the right thing now ... so I'm looking for solutions or advice given the current situation.

The legality of having two fences would come into play if there was a question as to their placement per city or HOA requirements.
Rather than deal with the roots and all associated foliage your neighbor put up a new fence three inches inward of the chain link fence that denoted the property line. One solution I see is to put up a fence of your own or accept the fact that it's a jungle out there and the new owners will need to thin it out from time to time.

..
~

 

[kwithers2000]

I don't mind just putting a fence along that side that's on my own property, but I think the brush that lives in the 6 inches between our fences will overgrow again and ultimately damage both of our fences. It just doesn't make much sense to have a double fence with 6 inches between them. It will be sold way before so I would just be leaving the problem to the person who buys the house, which I would feel bad about but not a terrible issue for them. So I'm ok with doing it from that perspective - it's not ideal but still ok. My main concern is that it's not sufficient to make the neighbor happy. I guess if the neighbor won't compromise then she will just have to sue me in small claims court. I can't imagine a judge would force me to install a new chain link fence in the 6 inch gap between her fence and mine (assuming I put the fence up on my property there as you suggest). I assume a judge wouldn't make us do that? I don't know what she could actually get in small claims court? Maybe just the depreciated value of the chain link fence? I would pay her that already, but she literally insists on putting the chain link fence back :/

 

[justalayman]

If the only solution the neighbor wishes to entertain is reinstalling the fence, then if she allows you to replace it, replace it. Of course she could hire it done and demand payment from you for the cost. You do not get to decide how many fences the neighbor has.

 

[justalayman]

Ya ever heard of round up?

.._____________________
~ You will not be punished for your anger,
you will be punished by your anger.~ Buddha

It wouldn't be a good idea for op to spray neighbors weeds with roundup.

 

[kwithers2000]

St Pete (the city we live in) has an ordinance against two fences on the same property line. I still see quote alot of double fences, so it's clearly tolerated unless someone complains. It's also an ordinance violation to have two different types of fence on your property (ie, wood, vinyl, chain link, etc) - the ordinance says you have to use "consistent" fence materials that are similar in size and materials. It just doesn't seem to make any sense to put back a chain link fence that is a violation of ordinance and that can not be maintained by the neighbor who owns it...

 

[justalayman]

It just doesn't seem to make any sense to put back a chain link fence that is a violation of ordinance and that can not be maintained by the neighbor who owns it...

it may not make sense to you or me for that matter but that is irrelevant. It only has to make sense to the party you caused damages to and that is your neighbor.

 

[drruthless]

Yes, believe it or not we did do that first and most things died. I have pictures. There were literally small new trees and brush with vines/branches 2-4 inches in diameter growing through and between the chain link fence. Roundup killed alot of stuff but not the larger stuff that was growing like a vine in and out of the chain link fence. I spent 5 or 6 hours trying to clean it up but when the rusted parts of the fence started breaking (from my trying to rip out dead branches and stuff), that's when we decided to cut the chain link fence out. Anyhow, I'm not looking for ideas on what I "should have done" ... I can't un-ring the bell ... I'm trying to do the right thing now ... so I'm looking for solutions or advice given the current situation.

Short of a backhoe there may not be a right thing to do, other than performing continence maintenance on the fence line.
Do the surrounding houses have a similar problem? There may be a layer of dirt known as hard pan here in the west or cliché in your neck of the woods. Hard pan/cliché is a layer of dirt that is sometimes close to the surface and nearly impenetrable as rock. Roots are forced to grow outward to the side instead down.
I once owned property with that problem. I wanted to plant some trees. the guy at the nursery asked what part of town we lived in. He looked at a map and informed me that there was a good chance that I would need to rent a jackhammer to get through the layer of hard pan and plant that tree.
That year I planted roses.