What is the name of your state? kentucky
I share an old, rusty chain link fence with one of my neighbors. The fence has been up long before I or my neighbor had moved into the neighborhood. I believe that it marks our property boundary but am uncertain because I had never had a survey of the property when I purchased it.
A few months ago my neighbor put up an 8 ft high wooden privacy fence on their property. I granted them verbal permission to do so, but rather than remove the old chain link fence and replace it with the new wooden privacy fence, my neighbor set the new fence 12 inches back from the existing chain link fence. Thus there is a small gap between old and the new fence of which grass and weeds grow up through. It was impossible to trim this area.
I asked to neighbor to trim or kill the vegatation in between the fences, which thankfully they obliged. But I also asked if I could remove the old chain link fence that borders our property (I think?). I offered to do this free of charge, expecting no help in return. (my reasons I'll explain later) But they refused my request saying that they wanted a double fence for their dogs (which is b.s. because they removed the same old chain link fence on the other side of their property that bordered another neighbor....anyway).
My reason for wanting to remove the old fence is that a section of it borders my driveway which I want to repave this summer. The posts of this old fence are literally cemented into the edge of my driveway (probably done from a previous owner), so much that my only option if I can not remove the fence, is to repave over it...again. But it makes no sense to keep a old chain link fence up like this especially when they could just build a newer and better one after I remove the old one.
My question is simple: can I legally remove the old chain link fence bordering our properties without the consent of my neighbor? If so, how? Are there any other options?
I share an old, rusty chain link fence with one of my neighbors. The fence has been up long before I or my neighbor had moved into the neighborhood. I believe that it marks our property boundary but am uncertain because I had never had a survey of the property when I purchased it.
A few months ago my neighbor put up an 8 ft high wooden privacy fence on their property. I granted them verbal permission to do so, but rather than remove the old chain link fence and replace it with the new wooden privacy fence, my neighbor set the new fence 12 inches back from the existing chain link fence. Thus there is a small gap between old and the new fence of which grass and weeds grow up through. It was impossible to trim this area.
I asked to neighbor to trim or kill the vegatation in between the fences, which thankfully they obliged. But I also asked if I could remove the old chain link fence that borders our property (I think?). I offered to do this free of charge, expecting no help in return. (my reasons I'll explain later) But they refused my request saying that they wanted a double fence for their dogs (which is b.s. because they removed the same old chain link fence on the other side of their property that bordered another neighbor....anyway).
My reason for wanting to remove the old fence is that a section of it borders my driveway which I want to repave this summer. The posts of this old fence are literally cemented into the edge of my driveway (probably done from a previous owner), so much that my only option if I can not remove the fence, is to repave over it...again. But it makes no sense to keep a old chain link fence up like this especially when they could just build a newer and better one after I remove the old one.
My question is simple: can I legally remove the old chain link fence bordering our properties without the consent of my neighbor? If so, how? Are there any other options?