Remove a fence on property line?

Question

I have an old chain link fence on my property line. I share with the other owner next to me (he doesnt live there, its rented out). This fence is OLD... from the 30s or 40s probably. Its also only about 4 feet tall. I contacted the property owner to first see if they wanted to go halves on a new fence and they said no. I then told them I will pay for it and would remove the old chain link fence, they told me not to touch the fence.

I would like to install a new 6 foot tall wood fence, but would like to remove the old fence and put the new fence in its place. I would rather do this, than to put the new fence on my side of the old fence.

Would I be giving up my property (a few inches) if I put up a new fence on my side of the old fence?

Answer 1

You'd be giving up the use of your property, obviously.  You still own it, even if it is on the other side of the fence.  It's really your only option, though.  Unless you can show that you own the original fence outright, you can't remove it without their permission.

But do you actually know the property line is where you think it is, and that the fence is on the line?  It's often not, especially if the fence is that old.  If it is entirely on your property, you can remove it.

It's a pain to have a neighbor who won't contribute, especially when they are just being obstinate.  I for one would be thrilled if my neighbor offered to take down and replace an old fence.

Answer 2

Maybe about 6 " inches, but think of the privacy.

You may have to put the "nice side" of the fence facing your neighbors property.

Good fences make good neighbors.

Good Luck

Answer 3

It might apply in your situation but I had a similar situation.

I had this older house. I paid a few hundred and had someone come out and survey the property. I had spoken to a guy I knew and he said that the used to not be so tight about defining property lines. So people buy or sell a house and just assume...... the fence is the edge of the property.

Turned out that the fence was totally on my property. All it took was a few inches toward the neighbours direction. The cool part? Turned out I actually owned a very large part of their yard.

  

Answer 4

Well, lets work on the concept that the existing fence is on the boundary... (more on that in a minute).

If so, then it is half yours and if he wants his half intact, you are pretty much stuck until it falls over and requires maint. or it becomes a saftey issue.

Ok.. with that said you can always build a fence right up to the chain link one.. that has a couple of advantages:

a)  It is ALL your fence.. you can put it up, take it down, etc..

b)  With the old fence still in place you are not giving up any rights to your property since it is still the boundary fence and the new on is just an interior fence.

c)  This seems to solve your problem if>>>

(back to the original assumption)

YOu are pretty sure the other fence is on the boundary.  If, in the worst case, it was actually a foot inside of the neighbors yard then building a new fence would just make the problem worse since the new fence would ALSO be on his property.  If you are not sure you may want to get a survey done.

Whatever road you choose, when your new fence is up, I would suggest that you send the neighbor a registered letter with a registered copy to  yourself that you leave unopened and sealed by the post office.. that says that you have constructed a fence entirely upon your propoerty but that you are still holding to the old boundary fence as per his requirement.  Thus, you are not yielding any rights to your property by virtue of the new interior fence.  

Now, when he sells the property and moves on (one way or another) the new owner should be advised of the situation by the seller (you will, of course, make sure that any agent or executor gets a copy of it, right?)

good luck

Answer 5

I don't think so. That would be silly, wouldn't it? But out of curiousity - what will you do with the few inches on the other guys side of the fence?  Plant really skinny, ugly flowers?

Answer 6

Fence placement does not ceede property to the next door owner. Only a conveyance by a deed or adverse posession action can do that. IF after 20 years of taking care and using that side of the fence he wants to pursue adverse posession, he might have a claim for those few inches; but if he's not paying the taxes on it, probably can't win anyway

Answer 7

No. The property line would remain the legal boundary. The owner of the other property could not legally remove the old fence without your permission either. Be sure to check about permits before investing money for something that may not meet code.