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Old 01-08-2021, 02:19 PM   #1
Atocep
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Join Date: Nov 2006
Location: Puyallup, WA
General Home and Property Questions

So I mentioned on here we bought a house a few months ago. The fence that runs along the back of the house needs to be replaced and we knew that going in. The problem is we don't know who owns it and a couple of sections are either falling into our yard or being supported by objects in our yard to keep them from falling over. This fence runs along the back of our property and the neighbor that lives next to us. According to the neighbor, the fence predates both homes (our homes are both 20 years old).

We have a small backnk that sits on the other side of the fence on our side and a tree trimming company that sits on the other side of our neighbor's fence. My guess is this fence was originally placed by the bank, but that's really just a guess.

My question is, how do I find out who owns this fence? We're already prepared to replace the part that runs along our property but this is going to have an impact on our neighbor as well so we do want to try to coordinate with them and at least give them a heads up that we plan on doing this in the spring. They've mentioned the need to replace it as well so I don't think this is going to be a shock to them or anything. Also, are there any other questions or concerns we should look into?

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Old 01-08-2021, 02:51 PM   #2
JPhillips
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Join Date: Nov 2002
Location: Newburgh, NY
Did you have a survey done when you purchased? If not, you may need to have one done to determine on whose property the fence sits.
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Old 01-08-2021, 02:58 PM   #3
Swaggs
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Join Date: Oct 2000
It does seem like you will need a survey regardless of how you handle the rest. You'll also need to know local code for what is permitted (how near the property line, how high, etc.) and with any potential HOA requirements. I would check with the neighbors to see how they feel about it and if they are are willing to grant your workers permission to be on the property. Most reasonable people will appreciate that you are investing in the property and improving property value, but as we all know, there are plenty of unreasonable folks out there. If your family is willing to pay for the expense without requesting any cooperation or collaboration on it, I doubt they will care.

Worse things worse, if the fence isn't on your property and the property owner doesn't want to do anything with it or put any money into it, set yours inside your property line and make it a little taller than theirs so you don't have to see the old one or deal with it.
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Old 01-08-2021, 04:15 PM   #4
Atocep
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Join Date: Nov 2006
Location: Puyallup, WA
Luckily we don't have a HOA. It's difficult to even guess whose fence this is because it's so old and even the bank that's on the other side is probably 40-50 yards or so yards away and it's all grass between us and the bank. This fence is also weird because it intersects with our 2 fences on the sides of our property. It seems like the original owners saved money and/or effort by fencing 2 sides of the property and leaving that fence in the back to complete it.

We're going to have to coordinate with our neighbor because I have a feeling us taking down the section that runs across the back of property is going to impact that part that runs along theirs. This fence is in bad shape. Luckily they seem like good people and, as I said, acknowledged the fence needs replaced.
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Old 01-08-2021, 05:09 PM   #5
JPhillips
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Join Date: Nov 2002
Location: Newburgh, NY
You could also get approval from all the potential parties, including the businesses, and tear it down. The only problem would come if someone objected. If you aren't clear where the property line lies, though, you're going to need to include the businesses in any planning.
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Old 01-09-2021, 10:01 PM   #6
britrock88
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Join Date: Jan 2011
Location: Madison, WI
In which direction does the fence face? That can often be a clue of who built it previously. If it faces outward, it'l likely yours.

If the fence is on the property line, already a topic of conversation between you and your neighbor, and serves a functional purpose for both lots, you may be able to share the cost of replacing the fence.
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Old 01-10-2021, 05:57 AM   #7
Flasch186
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Join Date: May 2002
Location: Jacksonville, FL
Here this is easy and solved by a survey


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Old 01-10-2021, 06:29 AM   #8
JonInMiddleGA
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Join Date: Nov 2000
Location: Behind Enemy Lines in Athens, GA
Put me in the survey is really the only way chorus.

Had to resolve this very issue some years back, discovered that we actually had slightly more land than we thought & neighbors had been erroneously claiming space on two sides.

And I'll add my echo to the "locate your fence high enough to hide the other one" camp if the survey doesn't go your way.
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