Monday, November 16, 2009

What side am I responsible for when replacing fencing in my garden?

MY Neighbor installed the Fence we share before I bought my home. He told me I can paint my side any color I wanted to but he really did not want Vines or anything growing up on it. If this is a Fence that was installed by the Builder of the surrounding propertys, then it would be considered shared property. You would be responsible for anything on your property, or on %26quot;your%26quot; side of the property.|||normally your fence has the posts on your side but some are shared and some don%26#039;t fit this - talk to your neighbour or check your deeds|||There is no one perfect answer for this question.Each state, local ,town, village,city has different laws and in some cases none to cover ownership, maintance, up keep, .


Your local code enforcement or building inspector will have the answer.


Even with set back from property lines if you are the owner you may have to notify the neighbor that you are going to a repair to their side. Some zoning laws do not allow full replacement with out a permit to remove and replace so be careful. You may be right on the line now but not able to replace back on the line once removed.


Most will let you maintane or do repairs without permits or legal issues but to go beyond this may require much more.


There are some areas that say a fence belongs to both parties and must be paid for by both parties usually in this case the true owner owns the first half of the fence and the neighbor the second. Should work be required the first owner must notify the second party that he or she is preparing to do work on said fence. This is done in writing and served on the second party with a thirty day required request returned in writing. Should the second party not reply then the first party can proceed with a notice of when this work will be done and the second party can willing contribute toward this or if refusing then can be libel for the total bill of both halfs. Either way most fences require that the best side face toward the neighbor or be equal in appearance.|||I think it is to the right, although I can%26#039;t swear to it. Local authority could probably tell you.|||Where I live, you are responsible for any fencing if the pickets are on your side.

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