Fence on neigbours property

[STEPHAN]

What is the name of your state? FL

When we bought a rental property in 2013, it had a chainlink fence on the property line at the back. This is also in the survey.

A new neighbor just bought a property that is partially behind our property. He wrote us a letter telling us that the wooden fence is 10 feet on his property. He said it was our fence, and we needed to move it or put up a new fence. He would be willing to contribute 5% to the cost. (I first thought it was a typo, and he meant 50%, but he insisted on 5%.)

I went there and met with him. Yes, there is an old wooden fence way on his property. I discovered an easement between the properties and that the old chainlink fence was removed when they worked on the utility lines.

He was determined that we must pay for this as it is our fence. I assume he was told it would be our fence, as the nice side faces him.

I told him we do not dispute the property line; our surveys match. I told him he was free to remove the fence. We did not put it up and have nothing to do with it. We also never authorized any fence or knew about it. It is clearly way on his property. Also, there is no requirement to have a fence, and I don't mind if there is none.

(He has a dog, so he has a problem ...)

Is my legal view correct? Even if my former tenant years ago put something on his property, would I be liable?

 

[Zigner]

On what basis is he so confident that it's "your" fence? It sounds to me like he has no actual proof of who installed the fence.

 

[STEPHAN]

On what basis is he so confident that it's "your" fence? It sounds to me like he has no actual proof of who installed the fence.

In my area, you have to put the nicer side of the fence facing the neighbor. So as the nice side is facing him, he thinks this meas it is ours.

(It is of course possible that an earlier tenant put the fence there.)

 

[quincy]

In my area, you have to put the nicer side of the fence facing the neighbor. So as the nice side is facing him, he thinks this meas it is ours.

(It is of course possible that an earlier tenant put the fence there.)

If you own the property, it doesn’t matter whether a former owner or tenant leasing your property installed the fence or not. It would be up to you to remove it if it encroaches on the neighboring property.

That said, the owner of the property behind you needs to convincingly show that you or a previous owner of your property actually was the one who installed it and that it was not a previous owner of his property who installed it.

I personally think his reasoning that you own the fence, based on the “nice side of the fence” facing him, makes sense.

How much would it cost to have someone come to remove the fence? Couldn’t removal be done by you over a weekend?

Why wasn’t the fence-encroachment discovered earlier?

 

[STEPHAN]

The fence is old. Why would someone from my site jump over the then-existing chainlink fence and set up an additional wooden fence 10 feet into his property?

Taking the fence down would take my guys 30 minutes. But he wants a new fence paid 95% by us.

He recently bought the property. He had a survey done, so I have no idea why he did not sort this out during the sale.

When we bought the property in 2013, I had a survey done that only showed the chainlink fence. I does not show his property and not 10 feet into it.

 

[quincy]

The fence is old. Why would someone from my site jump over the then-existing chainlink fence and set up an additional wooden fence 10 feet into his property?

Taking the fence down would take my guys 30 minutes. But he wants a new fence paid 95% by us.

He recently bought the property. He had a survey done, so I have no idea why he did not sort this out during the sale.

When we bought the property in 2013, I had a survey done that only showed the chainlink fence. I does not show his property and not 10 feet into it.

Sorry, STEPHAN. I think I badly misunderstood your first post.

The chain link fence marks your property line and it was there when you purchased the property?

The old wood fence is entirely on your neighbor’s property?

And neither you nor your neighbor dispute the actual property lines?

If all of that is true then I take back what I said earlier. It is on your neighbor to remove whatever he wants to remove from his property. If he wants to take the fence down and replace it, all of that is on him.

I agree with you that his survey of his property should have noted the wood fence and your neighbor should have dealt with it’s removal with the seller.

 

[Litigator22]

What is the name of your state? FL

When we bought a rental property in 2013, it had a chainlink fence on the property line at the back. This is also in the survey.

A new neighbor just bought a property that is partially behind our property. He wrote us a letter telling us that the wooden fence is 10 feet on his property. He said it was our fence, and we needed to move it or put up a new fence. He would be willing to contribute 5% to the cost. (I first thought it was a typo, and he meant 50%, but he insisted on 5%.)

I went there and met with him. Yes, there is an old wooden fence way on his property. I discovered an easement between the properties and that the old chainlink fence was removed when they worked on the utility lines.

He was determined that we must pay for this as it is our fence. I assume he was told it would be our fence, as the nice side faces him.

I told him we do not dispute the property line; our surveys match. I told him he was free to remove the fence. We did not put it up and have nothing to do with it. We also never authorized any fence or knew about it. It is clearly way on his property. Also, there is no requirement to have a fence, and I don't mind if there is none.

(He has a dog, so he has a problem ...)

Is my legal view correct? Even if my former tenant years ago put something on his property, would I be liable?

Of course, you are not legally obligated to remove your neighbor's two-face, wooden fence! Nor any other so existing structures of which you've played no part in erecting or placing.

But in this instance, there is no need to cross swords with those that differ. Because in Florida a civil action addressing issues related to trespassing on real property and/or committing damage thereto must be commenced (filed) within four (4) years from the date the trespass/damage is said to have occurred. If not, the claim is forever barred. (F. S. Title VIII, Ch. 95, Sec. 95.11 (f). Consequently, it appears that this overconfident, highly speculative neighbor is at least 9 years short.

 

[STEPHAN]

The chain link fence marks your property line and it was there when you purchased the property?
The old wood fence is entirely on your neighbor’s property?
And neither you nor your neighbor dispute the actual property lines?

Yes

It is on your neighbor to remove whatever he wants to remove from his property. If he wants to take the fence down and replace it, all of that is on him.

Thanks. That is exactly how I see it.

 

[STEPHAN]

Because in Florida a civil action addressing issues related to trespassing on real property and/or committing damage thereto must be commenced (filed) within four (4) years from the date the trespass/damage is said to have occurred. If not, the claim is forever barred. (F. S. Title VIII, Ch. 95, Sec. 95.11 (f). Consequently, it appears that this overconfident, highly speculative neighbor is at least 9 years short.

Thank you. I don't know when the wooden fence was put up, but it is quite run down so it is for sure four years old. That should settle it.

 

[STEPHAN]

Thanks for all your help!

Just to clarify, I don't want to be an ashole. If he wants to put up a proper fence on the property line, we would be willing to share the cost. But if someone approaches me, offering me 5% (no typo), I first go back to my legal position.

 

[Bali Hai Again]

Thanks for all your help!

Just to clarify, I don't want to be an ashole. If he wants to put up a proper fence on the property line, we would be willing to share the cost. But if someone approaches me, offering me 5% (no typo), I first go back to my legal position.

In your account regarding the old chain link fence that was removed because it was obstructing access to the utility company that has an easement; how will this be dealt with if a new fence is put in the same place as the old chain link fence that was removed for utility work?

 

[FarmerJ]

Maybe you want to think about sending him a letter asking him when he had a survey done to show where his property lines are ? side thought here , If there are no underground utilities (after checking ) with the locator service , to go pound in pipes that can mark those two corners of your property . If by chance your surveys do not agree then it would be a matter for the courts to settle BUT until he has a survey done you could treat it like he is just huffing and puffing and take no further action other than marking the corners and doing a quick consult with your attorney .

 

[STEPHAN]

I have his new survey. I gave him mine, and they agree on the property line.

We have a free utility locator service in FL, before we dig anything we always call them.

 

[quincy]

I have his new survey. I gave him mine, and they agree on the property line.

We have a free utility locator service in FL, before we dig anything we always call them.

Good. If the property line is not in dispute, it makes it far easier to say the burden to remove the fence is entirely on him since it is clearly on his property.

Again I apologize for my earlier misunderstanding of your first post.

 

[Bali Hai Again]

I have his new survey. I gave him mine, and they agree on the property line.

We have a free utility locator service in FL, before we dig anything we always call them.

WHY was the old chain link fence removed for utility work? Are you saying that a new fence in the exact same place as the old chain link fence will not interfere with any future utility work? I must be totally missing something here.