Building a fence - neighbor question

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Do I need to get his permission for anything?

So the fence between me and my neighbor is rotting and leaning over. The framing of the fence is on my side of the yard. What I want to do is leave the existing fence up on his side, but build a fence on my side. I intend to use the common posts to attache my 2X4's on.

The fence will be the exact same size as my neighbors and he won't be able to see it, because everything is on my side. I intend to pay for everything.

Can I just go ahead and do it without asking? Doesn't seem like a big deal.
 
i think it's courteous to ask. if he says no and there's nothing he can do about it then you can do it anyway.

i'm no attorney but if the fence is shared by both of you then i can imagine you making changes to it could piss him off if he is a jackass.

i have a chain link fence on a shared property line and my neighbor has no desire to tear it down and put up a privacy fence so i have to build one literally right up next to theirs. it sucks, but what else do you do?
 
Fences don't mark the space "between" property, they mark the "end" of someone's property. If you aren't close enough to talk to these people first, then you probably want to find out whose property the support posts are physically on. If they are on his, I would be hesistant about nailing anything to them, until you've talked to him first.
 
Quite often the adjacent property owner(s) will help pay for the shared portions of the new fence. It doesn't hurt to ask.
 
If your name is Chertoff, you don't need anyone's permission to build a fence.
If it is on your property, you can build it, as long as it meets whatever deed restrictions or city ordinances say about the type and height of fence. But it would be better to discuss it with the neighbor and at least inform them of the plan. They might get a guilt trip going, and share in the project.
 
Fences don't "mark" anything. A property line is an imaginary line. If the fence was actually "on" the line, the line itself would run right through the middle of the fence. Half the fence would be on one side of the line. The other half would be on the other side of the line.

Legally, you do whatever you like to the fence if it's actually on your side of the line and your actions don't violate building codes, deed restrictions or a fence agreement.

Practically, it's a good idea to reach out to your neighbor before taking any action. Just good politics.

Bernard
 
Since this is on Cactus:

story.hindman.jpg
 

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