Private pool fence law (house, closing, fencing)

[aeb28]

Our neighbor keeps offering to "split the cost" to replace a dilapidated 3ft chain link fence with a new privacy fence. We just recently purchased the property, and the chain-link is on our side of the property line.

The neighbor owns a below ground pool and only has privacy fencing on the street-facing portion of their property. Aren't they required by law to have a minimum 4' fence fully inclosing either the yard or pool itself? I have a feeling they are trying to mitigate the cost of covering their liabilities by pretending they are doing us a favor splitting the cost of the fence. Since they have a pool with no enclosure, are they not responsible for putting in the fencing themselves?

The chain-link is an eyesore we would like to fix sometime in the future, but it’s not high on our priority list of moving expenses. I told them they are free to build a fence against their property line, and they just insist they would like to split the cost.

Thank you in advance!

Edit: Here is the link to the Florida Statute, reading through it I am unclear if the fence is in fact a legal requirement. They do not have a cover, and I have never heard any sort of noise making device.

http://www.leg.state.fl.us/Statutes/...0515/0515.html

[chickenoodle99]

I could be wrong but we recently sold a house and I had to look into this. We had a fence around our yard but not the pool, because the pool had been installed before the new law, it didn't have to be "up to code". That law was for pools built after that date, which I think was some time around November of 1997 and any date after. We also didn't have any alarms installed on our doors.

As far as you splitting the cost, I think you were quite clear and hopefully they just figure it out and leave you alone on the matter.

[aeb28]

Thank you for your response. To be clear, they have a chain-link on the each neighbor's side (less than 4ft tall), and no fence at all along the back of the property (it backs up to woods considered protected wetlands), and no fence around the pool. So am I correct in the fact you found that pools built before 1997 were grandfathered in, and are not required to meet at least one of the safety provisions in the Florida Statute?

If pools can in fact be grandfathered in, am I correct in assuming it becomes simply a matter of owner's liability whether or not they choose to have fencing?

[chickenoodle99]

Originally Posted by aeb28

Thank you for your response. To be clear, they have a chain-link on the each neighbor's side (less than 4ft tall), and no fence at all along the back of the property (it backs up to woods considered protected wetlands), and no fence around the pool. So am I correct in the fact you found that pools built before 1997 were grandfathered in, and are not required to meet at least one of the safety provisions in the Florida Statute?

If pools can in fact be grandfathered in, am I correct in assuming it becomes simply a matter of owner's liability whether or not they choose to have fencing?

Yes, that's how I read it.