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My neighbor has tore down half of our chain link fence I've…

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my neighbor has tore down...
my neighbor has tore down half of our chain link fence I've got a wood fence up on my side but I think that fences half is half mine and he can't do that is that true
Submitted: 3 years ago.Category: Real Estate Law
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5/29/2015
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me:
1) Is the chain part on his side, or right on the border?
2) Is there some kind of written agreement about maintenance of the fence between the two of you?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 3 years ago
the chain link fence split our property line
Customer reply replied 3 years ago
also my next door neighbors house is a section 8 house which is why I put the 8 foot fence up on my side are inside the chain link fence so that cuz they don't take care of the property I'd like to say that the chain link fence to separate our two properties it's the boundary line
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you.
So it is right on the division line? And was it put up by either party or already there when you and he got there?
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Customer reply replied 3 years ago
I have lived in this house over 20 years in that sense has always been there
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you.
One LAST question - are these agricultural or grazing lands on either side of the fence?
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Customer reply replied 3 years ago
it's just residential front yards backyards and that's all
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
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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