Fence ON property line...

[pauper_72]

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

Is a fence that is ON the property line according to a recent survey considered common property? The fence between my neighbor and myself is on the property line. It has 50 plus years of grape vines growing through it as well as a lot of trees entwined in it. It is still structurally sound. The neighbor has since begun ripping out trees and vines off of the fence destroying its functionality.

What would / should a cease and desist letter state?

 

[rowz]

Unless the laws in your area are different the neighbor has the right to maintain their property.

Talk to them first.

 

[pauper_72]

I guess that was my original

question. If it is actually ON the property line, isnt it common property to which neither neighbor can alter without permission from the other one...especially if it leaves the fence destroyed? I could care less that he is cleaning his property up but when he destroys the usability of a fence and the foliage on it, surely something can be done.

Maybe pictures of the fence would help?

 

[HuAi]

Foliage is not part of the fence, how is he destroying the usability of the fence? If the only thing holding the fence up is the foliage, then it's not a sound fence.

 

[pauper_72]

Foliage is not

the only thing holding it up. 50+ year old wooden posts do not withstand the pressure caused when you pull on the fence to remove the vines. It is causing the posts to snap in the ground and leaves the fence leaning over to a max height of about 2' and not the 4' original height. With the vines the barrier was approximately 6' tall. My dogs are able to literally walk over the fence now.

The foliage also acts as a privacy / noise barrier when his kids are outside screaming / yelling / playing in the back yard. If the fence has functioned for the last 15 years that my fiance has lived here and more specifically the last 5 that I have lived here with dogs and now it does not, can we put up a new fence and charge him 1/2 or more? I tried talking to him yesterday (again) about splitting it and he says he will not pay a dime because I am the only one that "needs" the fence.

Is a fence that sits ON the property line common property that cannot be altered without permission from both properties that share it?

 

[HomeGuru]

the only thing holding it up. 50+ year old wooden posts do not withstand the pressure caused when you pull on the fence to remove the vines. It is causing the posts to snap in the ground and leaves the fence leaning over to a max height of about 2' and not the 4' original height. With the vines the barrier was approximately 6' tall. My dogs are able to literally walk over the fence now.

The foliage also acts as a privacy / noise barrier when his kids are outside screaming / yelling / playing in the back yard. If the fence has functioned for the last 15 years that my fiance has lived here and more specifically the last 5 that I have lived here with dogs and now it does not, can we put up a new fence and charge him 1/2 or more? I tried talking to him yesterday (again) about splitting it and he says he will not pay a dime because I am the only one that "needs" the fence.

Is a fence that sits ON the property line common property that cannot be altered without permission from both properties that share it?

**A: the answer is yes, the fence is considered common.

 

[pauper_72]

Thanks!

I am working on finding a surveyor to get final proof. We have one from about 5 years ago but want one as of today. I left my neighbor a message stating that we are having a survey done. If the fence is on the line it is common and shall remain in tact (short of him "cleaning" his side without pulling it off the fence or cutting any more trees on the line or in our yard). If it is on our side, it remains AS IS. If it is on his side, have at whatever you wish!

The approximate cost of about $750 based on two quotes over the phone. The yard is 350' x 150'. Hopefully it will resolve the issue once and for all. Once this is done we will be filing a small claims case against him to pay for a tree he notched and left to fall in our yard, which we had to have professionals out to remove.

Again, thanks for the answer!!

 

[HomeGuru]

I am working on finding a surveyor to get final proof. We have one from about 5 years ago but want one as of today. I left my neighbor a message stating that we are having a survey done. If the fence is on the line it is common and shall remain in tact (short of him "cleaning" his side without pulling it off the fence or cutting any more trees on the line or in our yard). If it is on our side, it remains AS IS. If it is on his side, have at whatever you wish!

The approximate cost of about $750 based on two quotes over the phone. The yard is 350' x 150'. Hopefully it will resolve the issue once and for all. Once this is done we will be filing a small claims case against him to pay for a tree he notched and left to fall in our yard, which we had to have professionals out to remove.

Again, thanks for the answer!!

**A: yes you do need a current survey.