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  #1  
Old 11-29-2008, 03:20 PM
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Neighbors replacing old fence but making major changes!


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

Neighbor voice mailed me to say they were replacing the fence that we both share. Since it's a completely working fence we had no plans to replace it, so I guess for my neighbor it was more of a cosmetic thing. Voice mail indicated that the fence we shared would simply be taken down and replaced. Now looking out my window they are changing the way the fence is going up. For the most part they put the new fence where the old one went, but the back section of the fence they are choosing a new route to place it, so the ugly cable boxes, electrical underground boxes, and that now behind their new fence and thus exposed to us.

I have to mention that these boxes are on their property and not ours and now the new fence line actually sort of gives us part of their property. It's somewhat of an upsidedown "L" shape to our yard. Again the yard is fenced in and secure, but I don't wish to have the responsibility of now Landscaping this small quadrent that I did not have fenced out before. I want the fence to be replaced exactly how it was before.

I have noticed no permits or anything on this project. What should I say to the neighbors tomorrow? Shouldn't they have a straight line fence to a property line and not the ability to fence in and fence out trees and other things where our yards come together?
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Old 11-29-2008, 03:36 PM
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Did you tell them you wanted to discuss the design of the fence? Are you paying the costs of the fence? Is the fence (except for the part around the utilities) on the property line?
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Originally Posted by outonbail:
Maybe the comments, opinions and reactions that are posted in this forum concerning someone's conduct, is exactly what they will get when they stand in front of a judge and jury. Maybe, this then would help them to prepare themselves for the reality of what they are facing so it doesn't hit them unexpectedly and right between the eyes when they get the same reaction in court as they're getting here?
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Old 11-29-2008, 07:07 PM
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They had simply voicemailed us that they were replacing the old fence, so one would assume that it's a new fence going up in the same place, right? I should mention that this is a backyard fence and it's a typical square block neighborhood, so our properties share this one line, one fence from our side yards directly back to the backyard fence of the other block.

They are just not wanting to fence in the ugly electric and phone boxes in their "new" fenced in yard and these boxes are on their property line, so now we have a cut-out and not a perfect straight line to the fence anymore. This area is also not landscaped so of course I don't want to commit $$ to landscaping this area, when it was never part of our land, but theirs, but since they in a sense are giving us this land by not fencing it off, we are forced to deal with it.

I'm looking for more information about permits and zoning, etc. Shouldn't a permit be on the books for a fence? They have none posted. Shouldn't any changes to a fence have a neighbor's signature to "ok the change". I don't think a voicemail is sufficient when there are changes being made. Something should of been mailed to us or delivered to us if there was going to be a change made.

Also, I'm 99% sure that the fence they replaced was technically our fence and on our property versus theirs. So again, irritated that they didn't really communicate any changes.
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  #4  
Old 11-29-2008, 07:15 PM
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I fail to see how they are giving you a portion of their property by not fencing it. Is their front yard fenced? Is yours? If not, does that mean your front yard belongs to your next door neighbors?

You don't like their fence? Put up your own so you don't have to look at it. Talk to them about how they intend to ensure access through their property to their unfenced land for maintenance.
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  #5  
Old 11-30-2008, 01:40 PM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by Betsy5005 View Post
What is the name of your state (only U.S. law)? CO

Neighbor voice mailed me to say they were replacing the fence that we both share. Since it's a completely working fence we had no plans to replace it, so I guess for my neighbor it was more of a cosmetic thing. Voice mail indicated that the fence we shared would simply be taken down and replaced. Now looking out my window they are changing the way the fence is going up. For the most part they put the new fence where the old one went, but the back section of the fence they are choosing a new route to place it, so the ugly cable boxes, electrical underground boxes, and that now behind their new fence and thus exposed to us.

I have to mention that these boxes are on their property and not ours and now the new fence line actually sort of gives us part of their property. It's somewhat of an upsidedown "L" shape to our yard. Again the yard is fenced in and secure, but I don't wish to have the responsibility of now Landscaping this small quadrent that I did not have fenced out before. I want the fence to be replaced exactly how it was before.

I have noticed no permits or anything on this project. What should I say to the neighbors tomorrow? Shouldn't they have a straight line fence to a property line and not the ability to fence in and fence out trees and other things where our yards come together?

**A: first you need a current survey to see of the fence is on your property, neighbors or both.
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