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Windjammer Subdivision

Aging Fence Lines

Posted in: Windjammer

Since our neighborhood is getting on in age, our fences are showing the signs of deterioration. This is not a problem when the fence is not shared between two or more homeowners. But, when the fence is shared, there is a problem as to who is responsible for repairs/replacement of the fence. In the convenants it states that the person who has the unfinished side of the fence is the owner of the fence. This would imply it would be their responsibility to replace the fence as needed. Some clarification is needed with regard to this matter. Also, since the fence has been in place since the original plotting of the lots, should the fence be replaced in the same spot it was originally? Or, can the owner of the fence decide not to replace the fence? In addition, some of the properties on the downhill are faced with land erosion from adjacent properties on the uphill. Who is responsible for containing the erosion/land slippage from the uphill property to the downhill property? Is anyone else having problems with deteriorating fences or land slippage? Please post your thoughts. Thanks

I'm not having problems with land slippage, but I would assume you would need to know where property lines are to solve this issue. As far as the fencing... I called Lynne Cannon about this back in Dec when wind knocked several of our fence sections down. She told me- if the slats are facing your property, then your neighbor (or the original owner of the adjacent property) installed the fence. You are not required to have a fence, but if sections have fallen, you must remove all connected sections. I hope this answers some of your questions.

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