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Stupid question about a fence.

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  • Stupid question about a fence.

    I'm just curious since I'm getting ready to move, since I have a six foot privacy fence around my property and one of neighbors put one up to match it. Mine was up for about 3 years before they put theirs up so there's no question about physical ownership or anything like that but do they get any kind of implied ownership?

    Only reasons I'm asking is the people buying the house said they didn't care if the fence was there or not, and it's in the contract that I can remove it if I wanted, so I'm covered there. With the market and everything how it is I really don't want to spend a fortune on fencing panels if I can do it for free(would cost a bit over $1000 in materials).

    As police what would you say to these circumstances?

    By the way this is in Florida as the name says.

  • #2
    Originally posted by juicesnn4e2
    I would say this is a civil matter.

    But I'm not really understanding your question...

    Your fence is already up and your selling your house? What are you talking about spending a fortune on?

    Sorry, yes the fence is up and I'm selling/sold the house.

    The new house I'll be moving into does not have a fence and that's where the spending would come from if I would need to go buy new instead of taking the old with me.

    Hope that makes it a little clearer, sorry.

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    • #3
      I'm selling/sold the house.
      If you have already closed the deal then it isn't your fence anymore. If the new owner wants to give you the fence, get it in writing.
      Last edited by Seventy2002; 02-04-2009, 12:06 PM.

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      • #4
        The house has not closed yet, the people buying the house know my intentions and it is clearly in the sales contract that the fence may be removed prior to closing which they also agree with.

        My issue and question is concerning since the neighbors are using one side of the fence as their own, ex: instead of putting their own on that side of the house they take advantage of having mine there.

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        • #5
          You bought the fence, it belongs to you. It's still a civil matter. At least thats the way it goes around here.
          John 3:16

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          • #6
            It's a civil matter. Unless you entered into some type of agreement with your neighbor, they don't have any right to your fence and you can do with it what you want. Even if you did enter into an agreement, it is still a civil matter. The cops aren't gonna do anything if you decide to take down your own fence. Check with the local government office to make sure you don't need a permit to remove the fence.

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            • #7
              Just like the law concerning fixtures in the home, a fence is considered a fixture and you are not at liberty to remove it when you sell the house unless the purchaser stipulates it is agreed upon between both parties; and, it must be listed in the closing papers. If it were just a privacy screen you could take it, otherwise leave it there!
              Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

              [George Washington (1732 - 1799)]

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              • #8
                If you are not yet closed on the house, get a plot map of the property. This solved the same issue I had a few years ago about the fence. I wanted to take it, but the neighbor did the same thing....built off my fence. So, I got the plot map, checked to be sure it was within my property line, then took it down. Nothing the neighbor could do about it.
                The Red, Bold, Italic is my official sarcasm tag.



                "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                George Carlin

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                • #9
                  SgtCHP is correct, it is a fixed item and you do not have the authority to remove it, it is part of the home / property.

                  Your right it was a dumb question, I can't believe that you want to take the fence with you to a new home, but there's always a first for something.

                  Comment


                  • #10
                    Originally posted by tactical208 View Post
                    SgtCHP is correct, it is a fixed item and you do not have the authority to remove it, it is part of the home / property.
                    Unless the sale does not include the fence, or the house has not yet sold.
                    The Red, Bold, Italic is my official sarcasm tag.



                    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                    George Carlin

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                    • #11
                      I understand, did you try talking to the neighbors? I would let them know of your intentions, that way you can tell them ahead of time so they have time to put the rest (your side) of the fence up, after you take yours down of course.

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                      • #12
                        Tucker 6900

                        the only way he would be able to take the fence is if he had it in writing from the new homeowner, if he takes it and the people have put a purchase offer on the house and it's accepted, the fence has to stay, doesn't matter if the closing has taken place yet or not. The buyer would reasonably assume once their offer is accepted the fence is included.

                        The fence has to stay period unless it is in writing that their was a deal made and it is in the purchase agreement.

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                        • #13
                          Originally posted by tactical208 View Post
                          The fence has to stay period unless it is in writing that their was a deal made and it is in the purchase agreement.
                          He does have it in writing
                          people buying the house said they didn't care if the fence was there or not, and it's in the contract that I can remove it if I wanted, so I'm covered there.

                          Comment


                          • #14
                            First let me repeat this part: The buyers know I am removing the fence. It is in the sales contract as well as a separate addendum (both signed by both parties) that I am removing it.

                            I tried talking to the neighbors, who are part of the reason I'm moving, and the best I can understand them through there new gold teeth is that "I better not or else", so talking to the neighbors is useless, the owner will not answer phone calls or certified letters concerning it I've been trying to discuss this with him since the contract was signed almost a month ago.

                            Thank you guys for the advice, always open for more if there is any, tomorrow I'll be taking a look at the survey to double check where the property line is ( I believe the fence is a few feet on my side but better safe than sorry).

                            Tactical208: I'm not sure what part of the question offended you. It might be my old Boston attitude against your NY one. But the reason to want to take the fence is to keep my dogs in my yard while I'm home and I really do not have the money to go buy all new panels for a new fence (at home depot today it would cost approx $1700, prices went up since last time I had to buy a fence)

                            Comment


                            • #15
                              You are opening a can of worms with this. Some of the issues you need to think about are.

                              1. Do you know the exact property line based on a survery? If you have not had it surveyed and the neighbor disputes the boundary line then there will be issues where you have to prove your property line.

                              2. How long has the fence been up?? How long has the fence bee up. It varies by state, but after a certain amount of time that fence becomes the boundary line no matter where the previous property line was. When that happens, it varies by state as to who owns the fence and who is required to pay for/maintain it.

                              Here is some info on fence laws pertaining to farming and agriculture to show you how convoluted and confusing it can be when dealing with fences and property line.

                              http://edis.ifas.ufl.edu/pdffiles/FE/FE10700.pdf

                              Comment

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