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Who is responsible for a fence between properties? PDF Print E-mail
Friday, 06 January 2012 17:02

Q. Who is responsible for repair of a fence between properties?  The fence to the east of us is falling down and needs repair. It seems like the posts are the problem, which are on our neighbors side. The "nice side" faces our property.

If it is their responsibility or if it is shared, what is the best way to approach the subject with them?

A. This question is often the subject of many law student exams because it can pose many very complex issues that touch on multiple versions of property rights and property obligations between neighboring parcels.  In response to this question, it is absolutely impossible for anyone to say, specifically, who may bear the ultimate responsibility for this fence without a full review of the survey, the deeds, the legal descriptions of the property, and a specific analysis of where the fence is located to compare it to those documents. 

Generally, when there is fence between properties, that fence does sit on one property versus the other.  Most fences, in reality, are likely placed in some variation between one specific property line and another.  As most property lines are delineated by survey, there is often a difficulty in pinpointing to the precise centimeter where one property may begin and the other may end due to the occasional variation in one surveyor’s flagging versus another.

In a situation similar to what the question asker has proposed, an attorney would need to review the property documents, the plat of survey, and a specific surveyor’s analysis of where this fence rests in order to determine whether or not it belongs to their property or the neighbor’s.  When a fence that originates on a neighbor’s property begins encroaching or falling down upon another, the repair of that fence is going to be generally the responsibility of the person on whose property the fence exists.  When the fence exists between two properties, it may be simplest for both property owners to negotiate some kind of a solution.  Ultimately, the easiest solution may be to erect  a fence on the property that you know is specifically your within your specific surveyed property lines so that you may not have to see the less “nice side” of the fence and be able to be certain of that which you bear responsibility.

Finally, the question asks what the best way might be to approach this kind of fence repair with a neighbor.  Though there is no one significant legal standard for how one should approach this, it may be best to try and negotiate some kind of amicable solution before involving excessive demand letters of any kind of posture to aide in a neighborly fence responsibility.

James Stevens, Condo Law Columnist
Nielsen, Zehe & Antas, P.C.

 

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