Adjoining fences; whose fence is it?

Adjoining fences; whose fence is it? by Saul on November 16, 2009 @08:23

Our group just purchased a home that’s backyard adjoins five properties. Its fence appears to be ours.
The wood privacy fence is rotten and needs replacing. Our three options are too;
1. Put up another wood fence ($$$) and see if others want to help pay for it.
2. Remove it and put nothing back up
3. Put up a chain link fence ($)
The neighbors would not like options 2 or 3.
Is there a form that I should have them sign that clarifies that the fence is ours?

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Re: Adjoining fences; whose fence is it? by Anonymous on November 16, 2009 @08:56

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You didn't list your state. This depends on where you live. Some areas of the country have "mutual fence" laws, where both neighbors actually own and pay for the fence. Check to see if this applies in your area. If not, see whose property the fence is on.

Even if it is on yours, you may have to get their permission to remove it. My area has a law that states any fence must be approved by all of the neighbors affected by that fence. So if I were to put up or remove a fence, I would have to get their permission. You need to check on that too.

Re: Adjoining fences; whose fence is it?

Re: Adjoining fences; whose fence is it? by Anonymous on November 16, 2009 @10:24

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Option #4 - put up a black chain link at only your cost. Black blends in with the bushes and shadow. Chain link lasts a looong time. Anyone who doesn't like it can plant bushes or climbing vines.

Based on the experience of a few different neighbors, wood (even pressure treated) only lasts 12-15 years before the posts need to be replaced. Can imagine getting 6 nieghbors to agree on something every 15 years or so. Plus any turnover of owners creates a whole new situation.

But definitely check laws.

Re: Adjoining fences; whose fence is it?

Re: Adjoining fences; whose fence is it? by Anonymous on November 16, 2009 @10:55

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I do not know how the neighbors can make a fence yours by signing a form. How about a survey? That would settle the question. If the fence is exactly on the line and you need permission to take it down, be sure those who sign this kind of permission are the actual owners of the property. Good luck with getting others to pay for your fence. If you are able to squeeze any money out of them, which way will the good side of the fence be facing?

Re: Adjoining fences; whose fence is it?