New fence on the way.

[dexterv]

What is the name of your state?What is the name of your state? Florida

First time here. Thanks for having me.

The short story:
My neighbor wants me to take down our existing chain link fence so he can install a wood privacy fence. It is the same on both sides, therefore requires nailing and maintenance from both sides.
Assume I say yes.
Other than making sure the new fence does not encroach, what else do I need to consider?
I do not want to give up any of my property rights, nor have red flags pop up when we try to sell down the road.

Thanks

The long story:

Nine years I have lived I my current house. The survey we had done at the time of purchase (’96) shows our back yard chain link fence to be several inches on our property.

My neighbor (behind us) wants us to take down our chain link fence (100 feet) so he can build a ‘neighbor friendly’ (looks the same both sides) privacy fence between us. I don’t want to give up any of my property rights, but I do want to maintain good neighbor relations. Everyone I have talked to says that if I agree to take the my fence down so he can put his up, the only thing I have to worry about is encroachment. I know I need to make sure his new fence is not on my property.

Is there any potential problems that I am not seeing?

I am worried that if I take my fence down for him, then I will not be able to put it back up if I so decide. I have kids and pets. My chain link fence right now is in good repair and no gaps exist for the dog or kid to escape. If he doesn’t encroach, there may be gaps. Also, gaps may exist at the bottom of the fence. If I feel that my backyard is not secure enough with the new fence, now or down the road, I will want my chain link back up. Reinstalling the chain link would probably not be good for relations since this new fence will require periodic maintenance. I am considering saying yes to taking down the top rail and the chain link, but leaving my existing poles where they are. This will allow him to build his fence, but gives me the ability to put mine back up without much effort if need be. I feel leaving the poles in place would also be a clear indicator of my reservation of the right to reinstall my fence.

If I just stay well within my legal rights and just say no to taking my fence down, then he will have either build the back section of the fence different than the sides, or continue to look at my house with peeling paint, mildew stained shingled roof, with a yard strewn with kid’s toys. He has put great time an effort into improving his home, so I am giving this serious thought.

Any thoughts? Advice?

Thanks.

 

[ralph31]

Lots of information within this site on property rights and problems that might come up with fences as to adverse possession, etc.

My neighbor and I shared the cost of a 6 foot cedar fence on a 50/50 basis.
He was kind enough to allow me the good side since the double six foot fence with a five foot cyclone in between were felled by his trees in a windstorm.

These considerations came up:

The fence man said a shadowbox fence [one with alternating boards on each side of the support poles, what you seem to be considering] had a risk that some dogs can become curious enough with the spaces that they will knaw on the boards and bark as a result of seeing activity on the other side of the fence.

True, a shadow requires maintenance for broken boards from both sides.

Before the storm, the cyclone fence and one wooden fence was installed at my expense. The cyclone fence was left as the fence man said it would be good support for the wooden fence. [He may not have wanted to be bothered with removing the cyclone fence.]

You will receive advice to make sure of the exact location of the fence which could be expensive if a survey is required . . . .but maybe worth the expense.

I'll stay away from the legal aspects, but pose this thought. What difference does it make to your neighbor if he puts up a wooden fence and leaves your cyclone fence where it is? He could see parts of the cyclone fence with a shadowbox fence, but not with a conventional 6" X 6' board fence with the good side facing him. Most of the maintenance could be done from his side with the good side facing him. He should make sure it is on his property.

The visuals on the above might not be to great for you, but if you were willing to look at the left intact steel posts of your cyclone, you might not mind the above approach. You could plant hedges in front of your cyclone.

Be sure and check to see that you are both aware of where a new fence is installed with all ramifications.

 

[BelizeBreeze]

Tell the neighbor that he is more than welcome to put the fence on HIS property. Whether or not you take down your existing fence is a personal decision, NOT a legal one.

 

[dexterv]

Florida

Thanks so much for the responses.

Another short version:

As far as encroachment, I have told my neighbor to make sure his new fence does not end up on my property. If his new fence does end up, say, less than two inches over the line, is this worth a legal fight? It’s not me I’m worried about, I really don’t care too much. It’s the title insurance company, real estate agents, and whatnot when I go to sell that worry me.

When we bought this house, it was know by all that the house was over the building setback by just over a foot on one end, and the north-side neighbor had one fence post on our side by 6 inches. Other than being something to mention, it seems to not be a big deal, but everyone I talk to now says it is. That’s why I am confused and concerned.

The ability to re-sell this house years from now is my main concern.

Thanks again.

The long story:

After some more research and thought, I decided to tell the neighbor that I would not take my fence down, it meets our needs perfectly and his new fence would be a step in the wrong direction as far as function goes. He said he was fine with that and he could still manage without me taking my fence down (albeit a little more trouble).

Now, about the property line issue. Without a new survey, I can only go by my nine year old copy. According to this survey, my fence is .2 feet on my side of the line on the north end and .5 feet on my side of the line on the south end. I have told him that I do not want his fence on my property. Really, I don’t care if his fence ends up just inches over the line on one end. We are talking a matter of inches at maximum. Are the legal ramifications that great that I need to invest $350 in a new survey and send certified letters telling make him dig up freshly concreted posts just to make him move it inches if need be? Or is it just a matter of preference and principal? I am easy going, so the principal of it doesn’t bother me to much, I just don’t want a mandatory legal battle later when it comes time to sell. If it is just a matter of a potential buyer of our house walking away from the deal because they are offended by fact that his fence is 1.1 inches on our side on one end, I’m willing to risk that. The house is an early 1980’s concrete block 1200 sq. ft. on a 115’ by 100’ lot. That’s a huge lot compared to other neighborhoods in our town. We paid about 70K and it is now worth around/over 110k. This house would sell in a week if we put it on the market right now. Almost every house put on the market in this neighborhood gets sold within days, as long as there are no legal problems…

When we bought our house, the survey showed that my other neighbor had one fence post on our side of the line (where the previous owners had tied into my fence). The house is also over the building setback by just over a foot on the south side (we are on a corner lot and this side faces the road.) No one in the home buying process made a stink about these facts and neither did we, so I know that it is at least possible to buy or sell a house with minor encroachments shown on the survey.

Thanks again.