If my neighbor is taking down his fence and I have a pool on my side what are my rights to a notice? Salem ,MA

Question

I have a pool which requires a fence for liability. The fence belongs to my neighbor and he wants to take it down without replacement. What are my rights, does he have to give me notice so that I can have the fence replaced? I know there are lwas in place that require homeowners to have a fence around their pools. But if the fence was there when I moved in and the pool was also there when I moved in what rights do I have to say, I need time to gather money together to replace the fence he is taking down? This is very confusing to me as a homeowner.

Answer 1

Do you know why he is taking down the fence? Does it look bad and need repair? What is he going to gain from removing it? He knows you will have to put up a new one.

Get with your neighbor and discuss what the motive behind it is, maybe together you both can improve or change the fence to both parties advantage. ( Just a thought )

Answer 2

I've been through this ... was the person with the fence, not the pool.  The neighbor complained to the city about the condition of the fence at a rental property, hoping to get a brand new fence without paying for it, and the city ordered me to solve the problem or get fined.  I removed the fence, and he got fined for having an unfenced pool   :)

It's HIS FENCE. Talk to him and tell him you need a bit of time to get the money to put up a fence on your property.

Can the fence be moved onto your property ... somepanelfences just need fresh posts and some repairs. You'll need a permit, but it's cheaper.

If he refuses to cooperate, it's his fence and you are stuck scrambling formoney

Answer 3

Since it is his fence he can do as he wants with it.  Because the pool is in your yard you would then be responsible to put up another fence.  Since you know that he is taking it down why would you need notice???

Answer 4

The fence is his and he does not have to give you notice at all. Maybe take out a loan of sorts in order to replace it or else ask him to at least go half way with you or you can snag his materials from the fence he is removing and just rebuild it on your side of the property line. For this very reason, I am glad my neighbor hates me and my kids because now i will ever have to worry that he will want to have his yard open to mine. ANother option for you would be to consult the survey you had done before the purchase of the property (please tell me you had that done) and see where the fence lies, if it is on your property line then you can show him the evidence and if he takes it down, he will be liable for replacing it but if it is on his side of the property then you have no legal standing or claim to that which does not belong to you.

Answer 5

Usually, fences in neighborhoods are shared.  Both homeowners share the expences of replacement.  Are you sure it is all his?  If it is, they don't have to give you any notice.   It is his to do with as he pleases.  By the same token, if you do have to replace it, you can replace it with whatever you want & he has no say.  He also cannot tie in to it if he wants a fence.

If you are in a neighborhood, is there a homes association?  They may have some say.  

Check with the city where you live.  Tell them that your pool was fenced when you bought the house, but your neighbor is taking THE fence down, don't call it his.  Play dumb about the ownership, you assume the fence is half yours when you buy the house.  It may at least buy you a little time.

Answer 6

The fence isn't yours or on your property, therefore what he does with it is his business as long as he doesn't extend it's height beyond the legal limit. So if he wants to remove it then it has nothing to do with you. As it is, even with it standing you don't have a fence around your pool; he has a fence which happens to be blocking your pool. You need to get your own fence on your own property.