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property line fence

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annieday

Junior Member
What is the name of your state (only U.S. law)? West Virginia

We would like to replace the split-rail fence that is on the property line with a chain link fence. We will assume all cost. Since it is a replacement fence, does it have to be moved inside our property line so many inches or can we just remove the split rail and put the new one in the same place.

Thank You
 


lizjimbo

Member
Depends

Is the split rail on your property. If so the answer is yes, unless your neighbor says that the split rail is on her property. Then you have a boundary dispute. Check the laws in WVa as to where you may place the fence. Many states say it may be on top of the property line. If you have an HOA, they may want some say in its placement. You cannot block a drainage easement with your fence and if the fence runs along any other easements you might be liable for its removal and replacement if the easement needs to be worked in.
 

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