My answer is simple. I have five lots that abut my lot, and every one of those lots owns the fence that abuts my lot. Sure, I have several different styles of fence adjacent to my yard, but I'm not responsible for any of them.
You are completely incorrect as this is a legal matter…what you are describing is a “practical” matter of how to resolves things between neighbors. A property line is an infinitely thin line separating two properties. It is physically impossible to have a fence on the property line. The fence can only be on both properties. The person who paid for the fence owns the fence, but they have a responsibility to not have it encroach on your neighbors property. If it does, the owner must pay for its removal or the neighbor must go to court for permission to remove it themselves. Just bc someone else’s possession is on your property does not give you the right instantly destroy it or take possession of it. Aka if someone puts their car on your property and you take it or vandalize it, you can be sure that you, the property owner, will be the one in trouble. The only legal common fence is one owned by an association of owners. If you can’t determine which former property owner put up the fence then you can have a “gentleman’s agreement” of what to do with it to avoid legal costs. An Incorrect understanding these details is what causes problems. This is why it is so important to have a survey done by an independent surveyor and not someone with the fence company or builder.
I've never heard of a city that allows a fence be installed on the property line. It's usually required to be one foot back. Sounds like an unpermitted and illegal fence. This is obviously a legal matter.
In our first home, it was common for developers in that area to build common fences as part of the neighborhood. All on the property lines. The concept was that all the fences were then owned by the respective property owners, not by the development or HOA. The practical result however was that none of the fences were maintained because the various neighbors could never agree on repairing or replacing the fence.
im sure youre right, but I dont think thats the point. if your neighbor is building a fence and its on a property line, yeah thats an issue. but I imagine most situations like this are just: two people move into houses, turns out the fence is on the property line
So much misinformation in the comments.... MOST fences in a neighborhood with subdivided lots are built ON the line between two lots. This fence is owned by BOTH lots. No, it doesn't matter at all "which way the panel faces". Everything about maintaining/replacing and associated costs is a negotiation between both owners; there is no legal process to force action. Just FYI an HOA can specify rules or standards about shared fences, and these rules would govern that specific neighborhood only. If the fence is completely on one lot then it is completely owned by that person. If either party is unsure about where the property line is or they want an official (enforceable) line, get a survey!
My answer is simple. I have five lots that abut my lot, and every one of those lots owns the fence that abuts my lot. Sure, I have several different styles of fence adjacent to my yard, but I'm not responsible for any of them.
Who is legal responsible if a shared fence falls on a person?
You are completely incorrect as this is a legal matter…what you are describing is a “practical” matter of how to resolves things between neighbors. A property line is an infinitely thin line separating two properties. It is physically impossible to have a fence on the property line. The fence can only be on both properties. The person who paid for the fence owns the fence, but they have a responsibility to not have it encroach on your neighbors property. If it does, the owner must pay for its removal or the neighbor must go to court for permission to remove it themselves. Just bc someone else’s possession is on your property does not give you the right instantly destroy it or take possession of it. Aka if someone puts their car on your property and you take it or vandalize it, you can be sure that you, the property owner, will be the one in trouble. The only legal common fence is one owned by an association of owners. If you can’t determine which former property owner put up the fence then you can have a “gentleman’s agreement” of what to do with it to avoid legal costs. An Incorrect understanding these details is what causes problems. This is why it is so important to have a survey done by an independent surveyor and not someone with the fence company or builder.
I've never heard of a city that allows a fence be installed on the property line. It's usually required to be one foot back. Sounds like an unpermitted and illegal fence. This is obviously a legal matter.
In our first home, it was common for developers in that area to build common fences as part of the neighborhood. All on the property lines. The concept was that all the fences were then owned by the respective property owners, not by the development or HOA. The practical result however was that none of the fences were maintained because the various neighbors could never agree on repairing or replacing the fence.
im sure youre right, but I dont think thats the point. if your neighbor is building a fence and its on a property line, yeah thats an issue. but I imagine most situations like this are just: two people move into houses, turns out the fence is on the property line
So much misinformation in the comments.... MOST fences in a neighborhood with subdivided lots are built ON the line between two lots. This fence is owned by BOTH lots. No, it doesn't matter at all "which way the panel faces". Everything about maintaining/replacing and associated costs is a negotiation between both owners; there is no legal process to force action. Just FYI an HOA can specify rules or standards about shared fences, and these rules would govern that specific neighborhood only.
If the fence is completely on one lot then it is completely owned by that person. If either party is unsure about where the property line is or they want an official (enforceable) line, get a survey!
No such thing as "infinitely thin"
Once you said that there was no need to go any further in displaying your ignorance...but you did...🤦🏽♂️