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Old 06-11-2015, 08:21 PM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,743,344 times
Reputation: 6950

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Quote:
Originally Posted by esalazarizep View Post
I recently bought my first home and have to take the old fence down and will be installing a new fence in the near future. The problem being is the back neighbors fence is about a 1 foot onto my property. I had a survey done and the markers are there still. When I started taking the rotten fence down my neighbor introduced herself and told me to NOT tear down my fence as it would cause her to fall down????? The fence company attached her fence to my fence posts as well as added more 2x4 pieces to make my fence lean more into my property and now expects me to leave the rotten wood up. I pointed out that her fence was on my property and she said No that she had a survey and a plan for her fence. Okay, fine I left it at that for right now and then went and looked up permits for said fence and there was NEVER any permits pulled for that fence so how could this company put this fence up. I understand that the house that I purchased was empty for 2 years so she felt that she had a right to use it but still. Do I have a right to take my rotten posts down because they look terrible! The other neighbors I have zero issues with.
Sorry about your problem but the reality of your situation is that you are asking for legal advice from a bunch of strangers on the Internet. Talk with a real estate attorney and get some advice worth receiving.
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Old 06-12-2015, 06:18 AM
 
37,315 posts, read 59,869,570 times
Reputation: 25341
Too true--tried to rep you and CD slapped it down...
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Old 06-12-2015, 07:19 AM
 
72 posts, read 139,723 times
Reputation: 150
Quote:
Originally Posted by bbronston View Post
Sorry about your problem but the reality of your situation is that you are asking for legal advice from a bunch of strangers on the Internet. Talk with a real estate attorney and get some advice worth receiving.
I'm not that strange.
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Old 06-12-2015, 07:25 AM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,743,344 times
Reputation: 6950
Quote:
Originally Posted by Headacher View Post
I'm not that strange.
Sometimes, even your closest friends and family won't tell you... so....
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Old 06-12-2015, 10:01 AM
 
Location: sarasota
1,089 posts, read 1,689,205 times
Reputation: 1176
be aware of utility easements. Sometimes utilities have the right to go on your property to maintain or upgrade their equipment (wiring, etc.) and if there is a fence in the way they can "bypass" it.
Also, if your fence can only be 4 feet high, you can plant vegetation that will grow taller than that on your side.
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Old 06-12-2015, 12:35 PM
 
2 posts, read 11,300 times
Reputation: 13
Sorry. If I take my fence down it would cause her fence to fall down.
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Old 06-12-2015, 01:10 PM
 
Location: SW Florida
1,217 posts, read 1,226,110 times
Reputation: 2027
If her fence is attached to your fence, on your property, with no posts holding up her fence, it sounds like it's all your fence. Tear it all down and put up a nice new one.
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Old 06-12-2015, 01:51 PM
 
2,407 posts, read 3,189,508 times
Reputation: 4346
Whatever you decide to do make sure to take plenty of photographs of both sides so if this goes further you can show the condition of your fence and posts and the fact that hers was nailed to your posts. You don't want her claiming after it's down that you took her posts away or something similar that you can't prove.
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Old 06-15-2015, 05:51 PM
 
16,235 posts, read 25,217,748 times
Reputation: 27047
Quote:
Originally Posted by esalazarizep View Post
I recently bought my first home and have to take the old fence down and will be installing a new fence in the near future. The problem being is the back neighbors fence is about a 1 foot onto my property. I had a survey done and the markers are there still. When I started taking the rotten fence down my neighbor introduced herself and told me to NOT tear down my fence as it would cause her to fall down????? The fence company attached her fence to my fence posts as well as added more 2x4 pieces to make my fence lean more into my property and now expects me to leave the rotten wood up. I pointed out that her fence was on my property and she said No that she had a survey and a plan for her fence. Okay, fine I left it at that for right now and then went and looked up permits for said fence and there was NEVER any permits pulled for that fence so how could this company put this fence up. I understand that the house that I purchased was empty for 2 years so she felt that she had a right to use it but still. Do I have a right to take my rotten posts down because they look terrible! The other neighbors I have zero issues with.
If it is your fence, you can do what you need to. Her fence is on your property....get her to remove it. Besides, when you get your fence up, she won't need the rotten fencing in the back of the property.
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Old 03-15-2016, 10:06 AM
 
2 posts, read 1,683 times
Reputation: 11
my neighbor is putting a fence between our homes how much away from property line should it be installed on their property here in charlotte county ? does a survey need to be done to reaurrance correct property line ?
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