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injured by neighbor's fallen fence

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prsoker

Guest
What is the name of your state? FL

My next door neighbor's fence fell during hurracaine Jeanne. Since then a section of that fence has been resting in my side yard. We offered several times to help her put up her fence temporarily me paying until she could get a new fence. Two days ago her daughter in law shows up at my door step and tells me that I am pressuring her mother in law into getting a fence and that it will take her about 2 to 3 months to replace the fence. I told her that I needed the fence picked up and will push her to her yard. She told me not to touch the fence because she will have her son and husband remove it that that night. That same night I take my dog for a walk in my side yard and backed into a nail that was sticking off one of the fence posts and cut my right leg. The next day I went over to their house and told them that I was cut by a nail sticking out of one of the posts of their fallen fence. I asked the daughter in law why was the fence still on my side yard last night when she was suppose to have her son and husband remove it to her mother's in law yard. I also told her that I backed into it and got cut by a nail. I again told her that I needed the fence removed and asked when are they going to do it. Her answer was whenever they can. Here I am with somebody else's fence in my yard and an injury caused by their fence and she is telling me that they will remove it whenever they can. What can I do about this? My renter's insurance said that I could push the fence over but the owner has some shrubs that I do not want to damage. They also suggested that I sent a letter requesting them to remove the fence within a time limit. Also, they said for me to ask for their homeowner's insurance information. Is that the right way to go? I am completely lost. I will appreciate any feedback regarding this matter.
 


stephenk

Senior Member
first, you are not going to get anything for backing into the nail. you knew the fence was in your yard yet you still went in that area at night.

second, forget about pushing the fence back into their yard. just get a chainsaw, cut it up and stack it neatly in front of your house for trash collection. you don't have to wait for your neighbors to remove the fence.
 
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prsoker

Guest
First, I was not trying to collect on backing into a nail I just did not know in which section to post and I was just relating the events. Second, my husband is in the military stationed overseas so I do not have somebody that can actually cut the fence for me. Otherwise, that would have been an alternative. On the other hand, the owner of the fence has many relatives that live in the neighborhood and visit regularly but since the fence is not laying down in their backyard is ok for them to leave it that way. I just need to know if I wrote a letter requesting for them to remove it, will they have to take action? I just want the fence removed since to me is just a plain old hazard.
 

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