A fence was erected between two houses with the agreement that the neighbor would not have to pay to tie into this fence and with the exception that they were not to put anything on our fence. Hanging or leaning on it. They are now putting things on it
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ANSWERS: 5
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Is there anything on paper? Remember, a verbal contact is worth the paper it's written on.
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Was the agreement just a verbal one, and possibly but a loose one, or a written formal one? If just verbal, you might have to take this to Judge Judy. :)
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if its not written.....s.o.l.
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There is no contract. In most if not all states verbal agreements involving land are not valid. There is a “statute of frauds” which requires agreements involving land and those for more than one year to be in writing in order to be enforcable in court. All fencing agreements should be written, signed by the parties, and recorded against each party’s land title in th county recorder’s office. Written fencing agreements may be for a fixed terms (e.g., for 5 years), or in perpetuity (forever). If in perpetuity and property recorded, it will be binding on all future owners (heirs, buyers, donees). This can vary depending on your state.
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It is common property, they are allowed by law to do what they want with their side of the fence. You should have had them pay for half. A fence directly on the property line is owned by the people on both sides of the fence, no matter who paid to put it in or who maintains it. Even if you're the one who paid to put the fence in, if at some later date, the neighbor decides to paint/repair/or otherwise maintain it - you will be liable for half the costs. If they have to take you to court, you lose and pay half the costs as well as court fees. (again, check to see what the law says in your area.)
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