Are you sure you own your fence?
Figuring Out Ownership
Before you start tearing down an existing fence, it’s important to figure out if you actually have legal ownership of the fence itself. Friendly neighbors can become bitter enemies pretty quickly if you start tearing down a fence that belongs to the people living next door. You can also cause some hurt feelings if you start taking the fence down and accidentally tear up gardens or other plants that grow next to or on the fence. It is essential to determine ownership before you make any move on the fence.
A Neighborly Conversation
One of the first things that you should do if there’s any question about the ownership of the fence is go over and have a chat with your neighbor. Explain that you want to replace the fence, provide your reasoning on why the fence has to go, and ask if they know whose property the fence falls on. If the fence is on your property, the neighbor should tell you; if it’s on theirs, then you can open up a larger conversation about replacing it. This also gives you an opportunity to talk about any plants or other features that might be disturbed during the process and make accommodations for pets or other animals that gaps in the fence might put at risk.
Checking That Property Line
Unless your conversation with your neighbor sorts things out neatly, it’s a good idea to get a survey done to settle the matter of where the fence lies. A surveyor will ensure that the property line is clearly marked so you can see exactly where the fence lies on the property line. In some cases, it will clear the matter up readily, since the fence will obviously fall on one property or the other. In other cases, you might find that the fence actually straddles the line or moves from one property to the other. In this case you may need to discuss the issue more with your neighbor or consult the property deed or other official description of the property to see whether the fence is mentioned.