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Who is responsible for a fence between properties?

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Category: Ask The Expert Q&A
Created on Friday, 06 January 2012 Written by Lauren Peddinghaus

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,

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