What to do if the realtors for the owner next door tore down the boundary fence that was seperating our backyards and replaced it with a chain link fence?

Is this legal? There was about a 10 foot gap (1/3 – 1/4 of the total fence) that had fallen during a storm. We had asked the realtors to replace it and were told repeatedly that it was not their fence and that we were responsible for it. Fast forward several months to a year and we come home to find that the wooden privacy fence fence was 100% replaced with a chain link fence. The entire part of the perfectly fine, still standing fence was replaced. What recourse do we have?

Asked on September 2, 2012 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to check your state law on the specifics as to boundary fences but the general rule is that both land owners are responsible and neither may tear it down and replace it with out the consent of the other. I gather that you do not like the fence that was put up, correct?  It seems you did ask that it be replaced and now there is confusion.  Speak with your neightbors directly but you may be out of luck at this point in time.  If the type of fence is proper for your area then you may be stuck unless you sue. Good luck.


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