Thank you and my apologies for the wait.
Now, the wooden fence is on your property. It is the chain link fence that is right on the border line, right? So, we focus only on the chain link fence.Statutory Law
Statutory law on this in CO is not on point. See here
. Nothing is quite on point here about this situation, save for § 35-46-112, which only applies if the land is graze or agricultural in nature.Common Law Doctrine
I hate to say it, but there is no strong, developed doctrine when it comes to this matter in CO. As such, what someone in your situation can do is indeed file a suit, but the Court will rule based on "equity" (i.e. fairness) since no specific statutory law or precedent exists. As such, the court will look to such factors as:
-when was the fence built, and by whom?
-who was maintaining it all this time, if so?
-is the fence necessary?
-was there a formal or informal agreement, even if not in writing?
As such, the Court is LIKELY to order the fence UP and order the neighbor to pay HALF if the fence needed to be torn down to begin with since it was old, or MOST/ALL if the fence was good and did not need to be taken down but the neighbor did so anyhow.
However, the final decision is that of the Court.
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