Q Years ago I moved into a Minneapolis home with a back-yard fence. Now the fence is decrepit, and I'm thinking of removing and not replacing it. But the neighbor next door has a dog and presumably will need to put up a stretch of fence in place of mine. I'm reluctant to create a problem for them, but I also wonder whether I have any obligation to share the cost. What's my responsibility?
A The answer depends on the intended purpose of the fence at the time it was built and its location in relation to the common lot line. To keep it brief, let's assume that there is no dispute between the neighbors as to the actual location of the common lot line.
The Minneapolis Code defines a fence as: "A structure providing a barrier or screening, but not protection against the elements, erected to provide privacy or security which defines a private space and enhances the design of individual sites." It requires that lot owners keep their fence in good repair consistent with its design, but offers no restrictions on fence removal.
If you built the fence solely with your own funds and on your own lot for your own benefit (for example, to screen the view of the neighbor's land or enhance the aesthetics of your property), then generally it's your decision whether to repair or tear down the fence, regardless of the neighbor's dogs. Under this scenario, the neighbor with dogs still has a duty to fence or otherwise contain his dogs pursuant to Chapter 64 of the Minneapolis Code.
Removal of an old fence becomes somewhat stickier when the original intent was to build a partition or division fence between neighboring properties in order to contain activities. In these cases, the fence is generally placed directly on the lot line (or at least on a line that both neighbors believe to be the common lot line), creating a shared ownership. The neighbors often have a written, oral or implied agreement as to how they will share in the cost of maintaining the fence. These agreements are generally binding on future lot owners. Under these circumstances, neither lot owner can tear down the fence without the consent of the other.
Shared fence ownership comes with shared responsibility for maintenance and repair. If the fence is dilapidated, and the neighbor with the dogs wants the fence to remain, the shared owners will jointly be required by city code to keep the fence in good repair. They should seek contribution from each other for half of the cost of repair, unless a prior agreement had different terms. (Minneapolis Code details fence maintenance and construction requirements.)
It's wise to employ the services of a competent licensed land surveyor in locating the deeded lot lines in relation to the existing fence before removing any fence near the lot line. In addition, a real estate attorney could help you determine other factors to consider before removing the fence.
Paul Voge, attorney with property line expertise, Duluth.
