Dispute Over a Fence

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ArlinM
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Dispute Over a Fence

Post by ArlinM » Fri Apr 13, 2018 11:46 am

Maybe this question has a simple answer.

I am a homeowner in a rural area in a district zoned residential/commercial. Business A purchased the property abutting mine many years ago. There was an agreement with the town that Business A would erect and maintain a fence between our properties. They erected, but didn't maintain the fence.

Business A sold the abutting property to Business B. The fence is rotten,falling apart. The town has been notified of the situation and agrees that the agreement exists. Neither business accepts responsibility.

1. Who is responsible for the fence?
2. Who responsible for enforcing the agreement?
3. Do I need to involve a lawyer?
The perfect is the enemy of the good - Voltaire

rebellovw
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Re: Dispute Over a Fence

Post by rebellovw » Fri Apr 13, 2018 11:49 am

Can you build your own fence in front of it to cover and hide it - and maintain your yard? Cheaper than a lawyer and an easy DIY project.

I did that at our last house - all our fences were falling apart - I completely rebuilt the back and side fences - even my neighbor offered to help and pay but the deadbeat never did - I let it go.

PVW
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Re: Dispute Over a Fence

Post by PVW » Fri Apr 13, 2018 11:50 am

Why is the township involved in this kind of agreement between 2 landowners? Do they have some interest in the fence?

oldfatguy
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Joined: Tue Feb 27, 2018 1:38 pm

Re: Dispute Over a Fence

Post by oldfatguy » Fri Apr 13, 2018 11:51 am

IANAL, but I'd say it depends on the exact nature of the agreement between the town and Business A, and the terms of the sale to Business B.

ArlinM
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Re: Dispute Over a Fence

Post by ArlinM » Fri Apr 13, 2018 12:04 pm

IANAL, but I'd say it depends on the exact nature of the agreement between the town and Business A, and the terms of the sale to Business B.

Wow! In 10 minutes I've gotten an answer to my initial question, "It's not simple." Also, a new acronym (IANAL), and a suggestion that this may be a battle that may conclude with a pyrrhic victory.

Thanks for the perspective. Awaiting addition opinions. :D
The perfect is the enemy of the good - Voltaire

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White Coat Investor
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Re: Dispute Over a Fence

Post by White Coat Investor » Fri Apr 13, 2018 12:37 pm

Gasoline and a lighter at 3 am solves many problems. :)

If the agreement is between the business and the city, you're going to have a rough go. If it were between you and the business, I think you've got a case to get a lawyer. However, I'd seriously consider building your own fence on your land just this side of the crappy fence if it's worth it to you.

At any rate, my best guesses on the answer to your question are:

1) Business B
2) The city
3) Could help, but probably cheaper to build the fence than hire an attorney.
1) Invest you must 2) Time is your friend 3) Impulse is your enemy | 4) Basic arithmetic works 5) Stick to simplicity 6) Stay the course

TravelGeek
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Re: Dispute Over a Fence

Post by TravelGeek » Fri Apr 13, 2018 1:03 pm

ArlinM wrote:
Fri Apr 13, 2018 11:46 am
The town has been notified of the situation and agrees that the agreement exists.
What did the town say when you asked how they are going to enforce their agreement with business A?

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dm200
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Re: Dispute Over a Fence

Post by dm200 » Fri Apr 13, 2018 1:05 pm

My guess would be that (depending on the nature of the purchase) business B would assume both the assets, laibilities and obligations of business A.

Scrapr
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Re: Dispute Over a Fence

Post by Scrapr » Fri Apr 13, 2018 3:32 pm

White Coat Investor wrote:
Fri Apr 13, 2018 12:37 pm
Gasoline and a lighter at 3 am solves many problems. :)
And if you go spray some gang symbols on the business building you would be clear of liability*

*not endorsing any harm to come to a rotted wood fence

harrychan
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Re: Dispute Over a Fence

Post by harrychan » Fri Apr 13, 2018 7:04 pm

Split the cost of business B. If they refuse, start gradually encroaching into the property by placing inflatable pools, large rubber duckies, and have slip and slide parties and a scarecrow depicting an injury law attorney nearby.
This is not legal or certified financial advice but you know that already.

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Kenkat
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Re: Dispute Over a Fence

Post by Kenkat » Fri Apr 13, 2018 7:17 pm

Publically picket in front of business B.

Put a big sign in your yard saying “don’t patronize business B. They don’t even take care of their fence.”

Buy a big broken down camper and park it in front of business B.

Go to every township meeting and ask about the fence.

rebellovw
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Re: Dispute Over a Fence

Post by rebellovw » Fri Apr 13, 2018 8:40 pm

Careful - it could back fire - and you may end up with this type of fence in your backyard:

Image

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LadyGeek
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Re: Dispute Over a Fence

Post by LadyGeek » Fri Apr 13, 2018 10:25 pm

I removed some off-topic posts. This thread has run its course and is locked (derailed, not productive). Personal Consumer Issues
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