QUESTION

I live in Boulder and we have a fence shared with a neighbor. It is falling over and being pushed into our property by a tree on the neighbors side.

Asked on Apr 08th, 2022 on Property Law - Colorado
More details to this question:
Who is responsible to repair or replace the fence.
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1 ANSWER

Business Law Attorney serving Aurora, CO at McMechan Law, LLC
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It depends upon who built the fence originally, that is the owner of the fence. Otherwise its up to an agreement between owners to take care of it. If its built entirely on their property you have nothing to do with it, its up to them. You can build a fence barely on your side and leave them to clean up their old fence. If the fence is on the border between, you can tear it out, replace it, and sue them for contribution. Call me if you need to pursue this. Call a surveyor to determine the property line, do not consult county records or maps for that, even arial maps are not to determine boundaries accurately.
Answered on May 02nd, 2022 at 12:38 PM

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