Fence on neigbours property

[STEPHAN]

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.

I have no idea. Still trying to find out. Sure, a new fence might also have to be removed if they ever replace the main sewer line. But the lifespan of these lines is much longer than that of a fence.

 

[STEPHAN]

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

Quincy you are always willing to help, I really appreciate that! In the end, I need to do my own research and I am fully responsible. So I don't mind an opinion, even if it is incorrect, as it gives me the chance to explore possible routes!

 

[quincy]

... In the end, I need to do my own research and I am fully responsible. So I don't mind an opinion, even if it is incorrect, as it gives me the chance to explore possible routes!

That is a healthy way to approach everything you read on the internet.

 

[LdiJ]

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?

In my opinion, since there is no requirement to have a fence and you are not disputing the property line, I don't see how he can require you to provide a fence even IF he can prove that the fence was built by either a previous owner or tenant of your property. I could see him possibly being able to force you to remove it, but not to replace it on the property line.

I am curious though, how does it help him with his dog if you move that fence? Are there side fences covering both yards? If so, does any configuration/posts/breaks of those fences that indicate that at any time that fence was considered to be on the property line?

The reason why I ask is that once upon a time, many years ago, I fenced only a portion of my yard due to a dog. Since the fence in question was seriously within the property line I put the nice part facing my house. I also had a grandma who put up a privacy fence at one part of her yard that was just for privacy purposes, it did not attach to any side fences or actually do anything other than provide some privacy.

 

[STEPHAN]

Yes, his sides are also fenced.

His intention is not to have me remove the fence. He has a small property and the fence is way on his side, so he will "gain" extra land if a new fence is put on the property line.

 

[Bali Hai Again]

Yes, his sides are also fenced.

His intention is not to have me remove the fence. He has a small property and the fence is way on his side, so he will "gain" extra land if a new fence is put on the property line.

So, the deal is that you pay 95% of the cost to move the fence to the property line and he pays 5%? He gains more use of his land for his dog? You gain nothing other than paying for a fence you don’t need?

How many more wooden nickels does he have in his pocket?

 

[Litigator22]

I have no idea. Still trying to find out. Sure, a new fence might also have to be removed if they ever replace the main sewer line. But the lifespan of these lines is much longer than that of a fence.

One final bit of mindless musing. Instead of neighbor Ned struggling with how explain to a judge which side of a wooden fence is "out" and which is "in" and peddle his one-sided-owner-responsible-removal-theory he might be wiser in thinking about how to convert it to raft. Because if what we are told is true, in the not-too-distant future there will be any number of Huckleberry Finns down there scrambling for floatage as that flaccid phallic appendage you all call home disappears. And they ain't talking about no Johnny Mercer's Moon River!

 

[quincy]

One final bit of mindless musing. Instead of neighbor Ned struggling with how explain to a judge which side of a wooden fence is "out" and which is "in" and peddle his one-sided-owner-responsible-removal-theory he might be wiser in thinking about how to convert it to raft. Because if what we are told is true, in the not-too-distant future there will be any number of Huckleberry Finns down there scrambling for floatage as that flaccid phallic appendage you all call home disappears. And they ain't talking about no Johnny Mercer's Moon River!

Okay. This analogy I am really struggling to understand.

 

[Litigator22]

Okay. This analogy I am really struggling to understand.

Which senseless subtleties, Q?

Could it be my comparing OP's neighbor and his form letter and haphazard approach to pin responsibility for a randomly positioned aged wooden fence with an equally naive character in an iconic illustrated sit-com?

Or perhaps the absence of any observable navigable "bends" in an increasingly advancing ocean "around" which displaced former residents, together with their "Huckleberry friends", might otherwise be wistfully paddling "after the same" mythical pot of gold?

 

[quincy]

Which senseless subtleties, Q?

Could it be my comparing OP's neighbor and his form letter and haphazard approach to pin responsibility for a randomly positioned aged wooden fence with an equally naive character in an iconic illustrated sit-com?

Or perhaps the absence of any observable navigable "bends" in an increasingly advancing ocean "around" which displaced former residents, together with their "Huckleberry friends", might otherwise be wistfully paddling "after the same" mythical pot of gold?

Ummm ... all of the above.