My question involves real estate located in the State of: Pennsylvania
I posted earlier on a difficulty we have had with our neighbor with the following background:
We have just bought a house in which we were tenants for several years. Only a week before settlement, our neighbors installed a wood fence on top of an 18 inch-wide stone wall between our properties (they did his while we were out of town). The wife had mentioned once in an off-hand and non-specific way several months prior that they were going to put up a fence. There was no further reference to it (during a time when they knew we were buying the house), and I am certain that they would not have informed the prior owner (our landlord) in any way. They installed it while we were out of town. We don't like the fence and would like to have it taken down.
I have now determined that the property line runs diagonally through the length of the stone wall. At one end, the wall is entirely on our property. At the other end it is mostly on the neighbor's property. Since the new wood fence runs down the middle of the stone wall, that means that some of the new fence is on their property, some of it on ours.
Question: can we demand that the fence come down, at least to the extent that it is on our property? [That would probably result in the removal of the whole fence, since it would look silly to have it running along less than the full length of the wall.]
Except for a small portion of the fence that exceeds 6 feet, no permit requirements were violated.
One argument they have made: Because the fence was erected before we settled on the house (and we should have noticed it), any property-related claims were extinguished with the change in ownership.
Thanks in advance for thoughts.
I posted earlier on a difficulty we have had with our neighbor with the following background:
Quote:
We have just bought a house in which we were tenants for several years. Only a week before settlement, our neighbors installed a wood fence on top of an 18 inch-wide stone wall between our properties (they did his while we were out of town). The wife had mentioned once in an off-hand and non-specific way several months prior that they were going to put up a fence. There was no further reference to it (during a time when they knew we were buying the house), and I am certain that they would not have informed the prior owner (our landlord) in any way. They installed it while we were out of town. We don't like the fence and would like to have it taken down.
I have now determined that the property line runs diagonally through the length of the stone wall. At one end, the wall is entirely on our property. At the other end it is mostly on the neighbor's property. Since the new wood fence runs down the middle of the stone wall, that means that some of the new fence is on their property, some of it on ours.
Question: can we demand that the fence come down, at least to the extent that it is on our property? [That would probably result in the removal of the whole fence, since it would look silly to have it running along less than the full length of the wall.]
Except for a small portion of the fence that exceeds 6 feet, no permit requirements were violated.
One argument they have made: Because the fence was erected before we settled on the house (and we should have noticed it), any property-related claims were extinguished with the change in ownership.
Thanks in advance for thoughts.
Fences and Walls: Neighbor Built Fence on Wall That Sits Astride Proprty Line
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