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Agreement between Homeowners' Association and Individual Lot Owners for Association to Replace and Maintain Boundary Fence

State:
Multi-State
Control #:
US-1125BG
Format:
Word; 
Rich Text
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Description

A boundary is every separation, natural or artificial (man-made), which marks the confines or line of division of two contiguous estates. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. When such a fence is built by one of the owners of the land, on his own premises, it belongs to him exclusively; when built by both at joint expense, each is the owner of that part on his own land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

If your neighbour owns the fence and it is on their property, then they can take away the wall. If your not happy with this decision then you are more than welcome to erect your fence on your boundary.

If the fence is your neighbour's responsibility2026 You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day.

If your neighbour owns the fence and it is on their property, then they can take away the wall.If the property is rented or council-owned enquire with them if your neighbour has removed or removing the fence and not replacing it!

Good fence etiquette means defining your property lines By law you can't install a fence on property that doesn't belong to you.

A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line.Your neighbors could have even blocked you from getting a fence because of easement right between yards, all things to look up before this endeavor.

Who owns the dividing fence? In most states, if you and your neighbour are both owner-occupiers, you share equal responsibility for the dividing fence on your land. Generally, that means you pay an equal share of the cost of a 'sufficient' fence. The definition of 'sufficient' differs from state-to-state.

Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. You can't make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.

Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Assuming responsibility can be as simple as putting up a fence over the boundary and maintaining it. If both you and your neighbour have been maintaining the fence, it's now a party fence, and you are both responsible for it.

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Agreement between Homeowners' Association and Individual Lot Owners for Association to Replace and Maintain Boundary Fence