Is this my fence???
I currently own a Brownstone in BK that is attached on both sides. The curious thing is that my neighbors to the left and my neighbors to the right both claim that the fence that separates our backyards belong to me. Is there any easy rule of thumb for this (ie. the fence to the…
I currently own a Brownstone in BK that is attached on both sides. The curious thing is that my neighbors to the left and my neighbors to the right both claim that the fence that separates our backyards belong to me. Is there any easy rule of thumb for this (ie. the fence to the right/left is always your responsibility?) If not, is there a painless way to figure out which fence belongs to me? Both fences need to be fixed up and I don’t want to get duped into fixing both or the wrong one.
Thanks everyone
Question, once you have expanded the extra inches and painted their side of your fence pink, could you then attach some flag poles and plant hangers (to your fence) that protrude even deeper into their space? At least paint a mural of your choice on the fence.
Spare yourself the aggravation of trying to come to agreement with your neighbors over choice of fence and division of cost. Do it yourself but first insist that each neighbor (provided they are the owners of the properties) sign a simple document stating that the fence is entirely on your property (odds are, this alone will make them reconsider). Then, if they sign, suck it up and pay for the whole fence. Then assert ownership over the fence – both sides of it – for the next ten years (clean and paint it occasionally) – then, in ten years, file an adverse possession action to secure legal ownership of the extra few inches you just took from your neighbors – and then, paint the side of YOUR fence facing their property hot pink. The universe is expanding slowly, why shouldn’t you?
We took our fences down when we moved in, because they were in danger of falling down. Everybody liked the openness so much that we ended up leaving the fences down and having separate yet shared yards. It’s been great! Very conducive to neighborliness.
If it’s your fence, then you can tell your neighbors you’re just taking it down. Maybe then they will volunteer part ownership.
Thank you vinca, very helpful
I understand that DOB has a homeowners evening every Tuesday from 4-5:30pm in the Brooklyn borough office. I have never been to one, so can’t say for sure. It might be worthwhile for you, or you and your neighbors to attend and ask about your fence. To confirm that info in advance, see link for borough office address/number: http://www.ci.nyc.ny.us/html/dob/html/contact/contact.shtml
Thanks renomandru…w/o giving up too much detail, it’s unlikely that a survey was done here.
If anyone knows where to turn for this, that would be great.
My question still remains, based on the Building Code posted above by vinca, it doesn’t appear to matter which lot the fence is on if it’s an adjoining property and the fence divides the properties:
http://www.nyc.gov/html/dob/downloads/bldgs_code/bc26s3.pdf
§[C26-75.0] 26-233 Maintenance and repair of protection fences and retaining walls.—Unless otherwise provided by special agreement between them, the owners of adjoining properties shall be responsible jointly for the proper maintenance and repair of partition fences and retaining walls dividing their properties; and each such owner shall be responsible for one-half of the costs of maintaining and repairing such fences and retaining walls, except that where the replacement of a partition fence removed by one owner is necessary for safety, the owner removing the fence shall replace it at his or her own cost.
You probably had a survey done when you bought the place. I have a similar issue with my backyard and to my dismay found that the worst fence is clearly shown on my side of the property line. The little string of x’s is the fence.
Now if I can convince him that it was a shared fence that is now simply falling into my property……
Hi modsquad, actually the fences are completely and totally different.