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emelo · Jun 11, 2011, 08:39 AM

We recently replaced 2 sections of fences because they were broken and falling into our yard. My husband tied them up until we could see if the neighbors were willing to help with the cost before we fixed them. The property survey shows the fence post within our property and 6' fence is written within the property line. Yet the fence was originally put up along the boundary line of both properties according to the home builder. Neither neighbor was willing to help pay, so we had a professional come and replace the fence. Now both neighbors are upset that we tore down their fences and they don't want the metal poles on their side and that I need to have the fence company come back out and put the metal on my side. I just don't see spending a couple of thousands of dollars to have my neighbors with the pretty side of the fence... Does the fence trully belong to me?

ScottGem · Jun 11, 2011, 08:44 AM

If the fence is within your property line its yours. If it is right on the line, then you may be required to move it. If it is over the line, then you will be required to move it.

By the way, in my area it is the custom (maybe the law) to install fencing with the "pretty side" facing out.

Fr_Chuck · Jun 11, 2011, 12:53 PM

Yes, a pretty side of the fence is always put "out" and you can not place any of the fence that you are installing without neighbor permission ( should be in writing) on their property.

So if you did not put all of the fence on your property ( using any code set back required by your city or county) then yes you have to move the fence.

AK lawyer · Jun 11, 2011, 12:55 PM

I don't understand what you mean by this:

Originally Posted by emelo

... and 6' fence is written within the property line. ...

Originally Posted by emelo

... Now both neighbors are upset that we tore down their fences and they don't want the metal poles on their side and that I need to have the fence company come back out and put the metal on my side. ...

They can get upset all they want. As ScottGem says, it was your fence so you could do anything you wanted with it. And you built the fence so you could face it where-ever you wanted.

Tell them if they wanted some input they should have agreed to help pay for it.

Originally Posted by emelo

... Does the fence trully belong to me?

Sure seems like it did. If you had a survey, it appears that the homebuilder was mistaken as to where the fence was built. And the new one, definitely is yours.

joypulv · Jun 11, 2011, 02:05 PM

I made this 'pretty side' mistake a million years ago. And the neighbor complained, and then forgot about it, probably because they had a hedge on their side anyway.
Neighbors REALLY need to all agree on what happens; that's the nature of fences on property lines. We've all seen properties with fences an inch apart, one on each side of the line, often one wood and one chain link.
By 6', do you mean height? That is pretty high and if it's chain link, ugly at that height. I'd be upset too that you didn't even mention that part, even if it does fall within code.
Appease your neighbors, maybe with some vine roses or other vine plants like clematis planted 6' apart. Might cost you $100.

AK lawyer · Jun 11, 2011, 02:13 PM

In my previous discussion, I assume OP's "The property survey shows the fence post within our property" means that the old fence (and the new fence) was and is entirely on OP's property. If this assumption is not true, Emelo, kindly let us know.