Neighbor Wants Us To Detach From a Shared Fence
Hi-
I live in Richlands NC-we moved here three years ago, to a newly constructed development. When we moved here our neighbors were putting up a chain link fence 8 inches inside their property line (separating the two yards) we were also putting up a fence at the time-and so we split the cost of the fence that separated the two yards. (we thus now have some of his property) in the front of the houses we each put up privacy fence and adjoined the two fences giving the illusion of "privacy fence"....everything has been fine up to now (of course) We have been having, shall we say "issues" with our neighbors...and have thus put our house on the market. At 7pm tonight the sign for the Realtor went up...at 7:30pm I had an e-mail from our neighbor (nope-he didn't call-he E-mailed!) demanding we "detach" from his fence...can he do this since we paid for it? We don't have anything in writing aside from canceled check-but we have been maintaining the fence and the property...do we have any rights?
Thanks so much!!!
Re: Neighbor Wants Us To Detach From a Shared Fence
He can demand whatever he wants. He can contend that you are only connected to the fence over his property with his permission, and that he has the right to revoke that permission. You can counter that there was a binding agreement, evidenced by your payment for half of the (almost) boundary line fence, that he cannot unilaterally revoke. If he takes it to court, a judge will evaluate the claims and evidence and make a decision.
It's unlikely that he will take it to court given that he's selling - this is probably primarily about removing anything which might interfere with the sale.
Re: Neighbor Wants Us To Detach From a Shared Fence
We are the ones selling... we have been advised that since the fence is also ours that we do not have to remove the fence until we get our money back. He called our Realtor and said some things to her...at which point our neighbor was told that if he interfered with the sale of a home-suit would be brought against him. He was told that when the property sold a surveyor would come out to re-establish the property lines-and that I (as the seller) would have to disclose to the buyer that it is a shared fence-and to point out where the property lines were. (basically my neighbor is just being a jack ass and wants who ever moves in to pay him again for the fence)
Thanks for the info!
Re: Neighbor Wants Us To Detach From a Shared Fence
Sorry for the misunderstanding.
You are correct to warn potential buyers of this issue, unless and until it is resolved.