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He bought a townhouse style house where two units have a common wall. There is no condo association and he owns the land, which is a long skinny lot where his townhouse sits.
The previous owners of his house and the neighbor (who still lives there) had an arrangement where they shared the backyard. They installed a patio between the property lines and the neighbor used the stairs off of his back deck to access the lower shared patio. I say "lower" because the whole lot is on a steep hill. Everything is sort of terraced.
Anyhow, now he wants to put in a fence for his dogs and generally improve his side. He doesn't have any interest in having a shared backyard and I don't blame him.
The neighbor is going to be VERY upset. She uses the shared patio frequently, not to mention the stairs to get down to the shared back yard.
Are there any legal considerations? Any suggestions?
What would stop your friend from putting up a fence on his own property?
Yeah, exactly. Mostly it is just that there has was, apparently, an understanding between the PO and the neighbor that the backyard was shared, and it has been invested in (patio) and used as such.
Change happens. We had to fence off a shared driveway because the neighbor started having too many parties and too many cars. Solution, fenced it. The homeowner gets to make a decision about his own property. Hopefully for a good neighbor it's explained prior to doing the work.
Yeah, exactly. Mostly it is just that there has was, apparently, an understanding between the PO and the neighbor that the backyard was shared, and it has been invested in (patio) and used as such.
An awkward situation. That neighbor invested money in a backyard that wasn't theirs. A risky investment that they may take a loss on. Live and learn.
Fence it...unless properly deeded to the property, any verbal agreements go out the window what a property changes hands. If the neighbor doesn't like it, they are welcome to move.
When you say your friend "owns the land", does this mean the land for both townhouses?
I think it may be a bit more complicated than others think, and a lawyer may need to be consulted if the neighbor takes legal action. There's the issue of the shared patio. Did the neighbor contribute to the construction cost? Does it overlap her property line (if your friend does not own the land for the 2nd TH)? Could be an adverse possession situation depending on how long this was going on, and state laws.
Have they have a friendly chat with this neighbor? They may want the same thing. Your friend should work with the neighbor to try to find a solution that could meet both of their needs especially since they share common walls.
When you say your friend "owns the land", does this mean the land for both townhouses?
I think it may be a bit more complicated than others think, and a lawyer may need to be consulted if the neighbor takes legal action. There's the issue of the shared patio. Did the neighbor contribute to the construction cost? Does it overlap her property line (if your friend does not own the land for the 2nd TH)? Could be an adverse possession situation depending on how long this was going on, and state laws.
If the neighbor has been using the patio with permission all this time there is nothing adverse about it. There are friends I have over in my back yard often, they have no right to ownership if I permit them use. Adverse possession is a hostile(without permission) use of the property, which there has never been. I would think as long as there are no HOA rules about fences or whatever, what would stop someone from putting up a fence on their own property?
...Adverse possession is a hostile(without permission) use of the property, which there has never been. I would think as long as there are no HOA rules about fences or whatever, what would stop someone from putting up a fence on their own property?
Ah, yes, I forgot about that condition, it would not apply if permission was given.
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