Fence Torn Down

[jaepez]

Property next to us went under forclosure about a year ago. There was no up keep attempted on the house, besides bi-monthly grass cutting. A front gate leading to thier backyard was connected to a fence that both properties share. The gate was taken off by thier hired lawn service in order to fit thier equipment into the backyard. We have moved out of our property and are trying to rent it out from out of state. The bank is now just begining to attepmt to take care of thier property.Property manger just informed us that the bank responisble for the forclosed property just tore down the whole fence, claiming its on thier property, instead of just fixing the torn down gate. There was no attepmt to notify us, nor proof of any recent property survey. Do they have the right to act without any of these actions. What are our right and what should be our next step, because now we have open acces to our pool in the backyard and the last thing we need is to get sued because some nieghbor kid drowned. The properties are in orlando , fl.

 

[army judge]

Property next to us went under forclosure about a year ago. There was no up keep attempted on the house, besides bi-monthly grass cutting. A front gate leading to thier backyard was connected to a fence that both properties share. The gate was taken off by thier hired lawn service in order to fit thier equipment into the backyard. We have moved out of our property and are trying to rent it out from out of state. The bank is now just begining to attepmt to take care of thier property.Property manger just informed us that the bank responisble for the forclosed property just tore down the whole fence, claiming its on thier property, instead of just fixing the torn down gate. There was no attepmt to notify us, nor proof of any recent property survey. Do they have the right to act without any of these actions. What are our right and what should be our next step, because now we have open acces to our pool in the backyard and the last thing we need is to get sued because some nieghbor kid drowned. The properties are in orlando , fl.

You need PROOF that fence was a shared item.

Or, you need to prove that teh fence was on YOUR property, and not inside the other property line.

You also need to IMMEDIATELY get a fence around your pool, or backyard.

Why not call the bank and speak to the individual who is "mismanaging" the foreclosed property?

If you can't come to terms, (which I know you won't) you'll have to sue the bank.
(They are TOO big to care!)

You also need to get a fence around your pool, even if its an emergency fence.

You also need to make sure your pool stays drained!

Maybe you want to hire a property manager or get a friend (relative) to run interference for you?

 

[jaepez]

checked out the property survey done when we bought the house and the end corner does infact lie .9" onto thier property. How would i find out if the fence was a shared fence since we are not the original owners. I understand with .9" they indeed have the right, but hopefully we wont have to put up the full cost. The whole subdivision has fences between properties, and they are indeed the same type of fence, but there are a few without gates that would restrict acess to some backyards.

 

[army judge]

From what you've discovered, it was their fence.

They didn't need your permission.

But, you need a fence.

I doubt that the former owners of your home went halfsies with the former owners of the bank's home, and it would be almost impossible to determine.

You need to get a fence up, pronto.

You now know that the bank has no liability to you for tearing down their fence.


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[FlaRiptide]

The fence in my backyard that separates me from the neighbor behind my home is a shared fence that was installed by the developer of the community. The developer is long gone. I assume that jaepez's fence may also be a developer installed fence.

Thus, who determines ownership and who has the right to remove the fence regardless of who's side it is on?

 

[army judge]

The fence in my backyard that separates me from the neighbor behind my home is a shared fence that was installed by the developer of the community. The developer is long gone. I assume that jaepez's fence may also be a developer installed fence.

Thus, who determines ownership and who has the right to remove the fence regardless of who's side it is on?

If the fence is on your property, you control whether it stays or goes.

If it's inside your property line, it's yours.



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