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Neighbor's damaged fence

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K

kyd52

Guest
What is the name of your state? New Jersey

Many years ago my neighbor's ex-husband installed a 4ft high stockade fence near the property line. At the time he installed the fence, the true property line was defined by a row of hedges. He chose not to remove the hedges and built the fence roughly 1-2 feet in front of the property line. The hedges have since been removed by my husband. (with the neighbors permission) Now the fence is falling down. Several boards are missing. Both yards are completely fenced. Both families have dogs. Their dog has been leaning on the fence pushing it towards my property. Part of the problem also was caused by the collapse of their above ground pool. The water washed away the soil containing the shallow fence footings. My husband installed a small retaining wall (approx 1' high) to combat this. We are at a point where we would like to remove the wall.

Here are my concerns: Am I correct to assume the neighbor should be responsible to repair/or replace the fence? What are the ramifications of the fence being installed off the property line? Are we liable for any damage to their property if we remove the wall?

Thanks for your advise
Marie
 


HomeGuru

Senior Member
kyd52 said:
What is the name of your state? New Jersey

Many years ago my neighbor's ex-husband installed a 4ft high stockade fence near the property line. At the time he installed the fence, the true property line was defined by a row of hedges. He chose not to remove the hedges and built the fence roughly 1-2 feet in front of the property line. The hedges have since been removed by my husband. (with the neighbors permission) Now the fence is falling down. Several boards are missing. Both yards are completely fenced. Both families have dogs. Their dog has been leaning on the fence pushing it towards my property. Part of the problem also was caused by the collapse of their above ground pool. The water washed away the soil containing the shallow fence footings. My husband installed a small retaining wall (approx 1' high) to combat this. We are at a point where we would like to remove the wall.

Here are my concerns: Am I correct to assume the neighbor should be responsible to repair/or replace the fence? What are the ramifications of the fence being installed off the property line? Are we liable for any damage to their property if we remove the wall?

Thanks for your advise
Marie
**A: the true property line is noted on a survey. Property lines are not demarked by hedges.
 

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