Comment by IanCal
4 days ago
> Hey, I mean this in as kind a way as possible, but I actually don’t think the government should pay for the fence line!
Which is a fine option, but it should be something agreed to by both parties. You can't just hand over a cost like that, and if you buy property with some kind of agreement this choice is baked into the original price. It makes perfect sense for the government to uphold agreements it has made.
Secondly - if they did own the fence line, it'd be on the government to come and fix it when one of their trees breaks it, surely?
> It makes perfect sense for the government to uphold agreements it has made.
The key question is what is actually in the agreement. 'The state will maintain the fence' doesn't indicate the level of maintenance or the timeliness of said maintenance, it just means the neighbor isn't allowed to do it.
> Secondly - if they did own the fence line, it'd be on the government to come and fix it when one of their trees breaks it, surely?
From discussions I've seen, generally there's no legal responsibility for tree falls, unless there's neglegence like ignoring a clearly failing tree. But leaving a forest to do whatever the forest wants doesn't feel like neglegence.
Did the government agree to maintain a fence…?
If the government built a fence on their property, the burden is on them to maintain it. What other agreement is there?
Your position is that if the government builds a fence it is de facto obligated to maintain it to any abutting property owner's standards in perpetuity?
There is no agreement whatsoever, that's the point. No agreement was made or mentioned. The mere existence of a fence on government property does not constitute an agreement to maintain said fence.
5 replies →
Are you going to call the HOA on the government to enforce them to maintain their fence?