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Posted by Sandy Benedetti 5 years ago In:

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Sandy Benedetti
Sandy Benedetti Asked About 'Frequently Asked Questions on QueryCAT: Should I put my new fence on the property line?'

My neighbor put up a fence right on the property ...

My neighbor put up a fence right on the property line. We're in a community where we own our house but rent the land. He doesn't stain his fence. I have stained it once 2 years ago with no problems. We don't speak now. Can I stain my side of the fence since he doesn't take care of it?

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Hank
Hank Answered:

Being that the fence is built directly on the property line, the fence ownership might fall on the method of construction. Generally speaking, if the structure and support system faces your side of the property, it can be claimed to be owned by you. Otherwise, if the "pretty Side" faces you then your neighboe owns the fence. Also, depending where you reside, easement regulations could help to resolve the matter. In any event, try to work it out withyour neighbor and if you cannot, gather good information and litigate the matter for a win.

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lawbug
lawbug Answered:

Ask your land owner about this problem as you may own the top or bottem 1/2 of this fence as it is a question of law who ownes what. As stated what part do you want the top half or the bottem ? As any attorney will tell you top or bottom half can be cut down i reccomend the bottom.

Equal justice for All The law works but the system needs changed, We all abide by the law but sometime it failes us. The same with the goverment. God bless the USA, Brign our troops HOME safely, To the men who did not get the credit they deserve, MAY GOD WATCH OVER OUR SERVICE MEN.
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yeddaproman
yeddaproman Answered:

If the fence is on your property you can but I think the best solution would be to drop him a line and let him know. It seems to be the best way to take care of the fence without starting confrontation. 

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