Dealing with Joint Ownership Claims When a Boundary Fence Needs Replacement
When a neighbor discovers that an old fence is located on the boundary line during a property survey, they may claim joint ownership of the fence. This can lead to disputes over maintenance and replacement costs. Here's what you need to do to handle such a situation effectively.
Understanding Joint Ownership
In many countries, particularly in civilized countries, a fence located on the boundary is jointly owned by the owners of the properties on either side. This means that both neighbors are responsible for maintaining and replacing the fence. However, if your neighbor is claiming joint ownership and demanding compensation, there are several steps you can take to resolve the issue.
When Should You Replace the Fence?
When the time comes to replace an old fence, the general rule is that both neighbors should contribute equally if the fence is jointly owned. If your neighbor insists on sharing the cost, you can politely decline. You are not obligated to contribute unless there is a legal agreement or evidence of joint ownership.
Resolving Ownership Disputes
Ownership disputes over a boundary fence can be complex. Here are some questions to ask:
Is the fence truly located on the boundary line? Who originally paid for the fence? Is there a problem specific to the current fence, or is this a preventive measure? Do you have a copy of the property survey? Are the property corners marked on the property itself? Are the surveyors licensed professionals?The best way to establish clear ownership is to get a registered survey. A general land description may not be accurate or complete enough in determining ownership. Registered surveyors are legally obligated to provide an accurate survey, so it's worth the investment to ensure that the survey is done correctly. You can also request to view the survey records at your clerk of court office, which is typically available for a small fee.
Comparing Surveys
Comparing different surveys can help clarify ownership. If you have a survey done by a reputable registered surveyor, make sure to compare the results with any existing surveys. This comparison can provide concrete evidence of the fence's ownership and help resolve any disputes.
What Should You Do If the Owner Claims Joint Ownership?
If your neighbor is claiming joint ownership, politely inform them that you believe the fence is on your property. Give them a reasonable timeframe (e.g., a few weeks) to provide evidence of joint ownership. If they cannot produce the necessary documents or evidence, you have the right to refuse additional cost contributions.
Legal Advice and Documentation
Ultimately, the best course of action is to seek legal advice from an attorney in your jurisdiction. They can provide guidance based on local laws and help prevent any misunderstandings. Legal documentation such as a signed agreement or court decision will provide clear evidence of ownership and prevent future disputes.
Final Thoughts
Do not give in to demands for shared responsibility unless you have clear evidence of joint ownership. The neighbor cannot prove anything without proper documentation, and they have no real legal standing to demand your participation in fence maintenance or replacement. If they attempt to damage or remove the fence, you have the right to sue for your share of the costs.