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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29979
Experience:  JA Mentor
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I am looking to purchase a home in Memphis, TN and the seller

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I am looking to purchase a home in Memphis, TN and the seller claims a falling down fence is the neighbor's responsibility. I thought fences between neighbors were both parties responsibility, especially since the fence line in question is within 4 feet of the seller's house. Am I correct?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the fence is 100% on the neighboring property owner's property, it is that person's responsibility (although you could build your own fence on your property). A fence on the property line must be jointly maintained by both owners unless there is a signed agreement to the contrary. If the seller is claiming that he is not responsible for the fence, you can ask him to produce a survey or deed showing that the neighbor is required to pay for the repairs and maintenance. Otherwise, he's liable for sharing the expenses unless the land you're buying is non-agricultural land bordering agricultural land.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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