Shared Fence - Landlord Forum thread 355301

Shared Fence by Sunny (FL) on December 7, 2017 @20:48

This one is strictly about Florida ordinance that I'm not very familiar with. I just bought a duplex and moved in one of them a few months ago. Today, my neighbor who owns a single family home next door came over and told me that the fallen fence from Irma hurricane is my responsibility, not his, because the "ugly" side of the fence is on my side. The ugly side is the side where there are posts. I never heard of this one before. My insurance adjuster on the other hand said the fence does not belong to me because my property does not have a fence all around. Does any one know this is to be a fact, or is familiar with this ordinance?

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Re: Shared Fence by Garry (Iowa) on December 7, 2017 @22:50	[ Reply ]

I'm guessing that you bought the property before the hurricane hit, the fence had some damage to it from the hurricane, and now there seems to be a dispute about who owns the fence, and thereby, who should be responsible to repair it. Here's my suggestion-------If you have the money to do so, tell your neighbor, in writing, that you will repair the fence at your expense, and when it's done, you will get a complete survey done of your property, (again, at your expense), and if the survey shows that the next door neighbor owns the fence, you will send him a bill for the repair of his fence. You do not need to say anything about going to court if he does not pay the bill. It's possible that YOU may own the fence, so try to stay on friendly terms with the neighbor. After all, an act of GOD made this happen, and you both want the same thing----a new fence. And waiting for both ins. comps to get together and pay either one of you for the fence, could be a year down the road. So, basically, ONE of you must take the High Road on this, or you both will become "ugly" neighbors, and the fence may not get repaired for a loooooonge time.

Re: Shared Fence by johnny (fl) on December 8, 2017 @06:05	[ Reply ]

Have the neighbor produce a survey to verify his claim. Even if his claim is true you would need to go on his property to repair the fence. Or just take the fence down to be best neighbors. The fence is more important to him than you at this stage. I had a neighbor on a house I bought a couple years ago. Come over and tell me he installed a fence between his and my property. After the survey was completed. The fence was clearly on my property. I ask that he sign off on the fence as being my property. He laugh and claimed ownership of the fence. I pulled the fence and poles. He ended up reinstalling the fence 6" over to his property and turning it with the ugly side poles on my side so he was able to fasten the panels without standing on my property. About a year later,his rent went up and he was forces to move. He was the T. But the owner allowed him to do whatever,as this T was talking like he was going to be owning the property in the near future. He was known around the neighborhood as the bully on the block. Very forceful in his demeanor.

Re: Shared Fence by AnonymousFL on December 8, 2017 @13:48	[ Reply ]

I came across this while searching: Handbook of Florida Fence and Property Law (April 2014) http://edis.ifas.ufl.edu/pdffiles/fe/fe88900.pdf Both your neighbor's and your insurance adjuster's opinions sound off.

Re: Shared Fence by Anonymous on December 9, 2017 @21:19	[ Reply ]

Curious if you just bought the property, did you not get the property surveyed so you knew what the property lines where? Most City or County building codes require a permit for the erection of any fencing, so check with your local building department to see if a permit was pulled. The issue of whether or not the good side is facing may depend on local codes or just the fence installers preference. If the fence was damaged before your purchase, then you may have recourse against the seller. If not, it may be an insurance claim. It's doubtful that you will get the correct information from the neighbor as they may not even be the owners. Something else that can be easily verified. No repairs should be done until you verify ownership of the fence. You do not want to repair someone else's fence and not be able to be reimbursed?

Re: Shared Fence by LisaFL (FL) on February 22, 2018 @15:38	[ Reply ]

Just because the ugly side is on your side means nothing. Some people choose to put the nice side in so they don't have to look at the ugly side. It sounds like your insurance adjuster is probably right because who would only fence one side of their property. Is the neighbors entire yard fenced? Then it is far more likely theirs. You could always have them sign something stating the fence is not theirs, they don't intend to maintain it etc....Essentially them agreeing it is yours. Then you can simply remove it.