If our neighbors connected their fence to ours under certain conditions which werenot met, can we disconnect our fence from theirs?

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If our neighbors connected their fence to ours under certain conditions which werenot met, can we disconnect our fence from theirs?

Conditions were to erect the same style fence and maintain the other side with same color stain and once a year. They did not comply and have lived in this house for about six years and have been kicked out by bank 1 1/2 years ago then moved back in after a few months. Backyard is completely overgrown, weeds 5 feet high and coming through our fence. They have to leave again and have put pad lock on fence therefore preventing us from maintaining the fence. The neighbors on the other side of them have the same problem and we both want the fence to be disconnected .

Asked on August 31, 2010 under Real Estate Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

When you say that they have been "kicked out" by the bank do you mean that they were foreclosed upon?   The obligations of the bank once they foreclose and possess the premises differs.  What you want to say here is that they breached the contract and that you want to remedy the breach by disconnecting the fence. I can see why and your point but what the law will not allow you to do is to "self-help" yourself by breaking the pad lock and entering the premises. That would be far worse for you than the weeds. Approach the bank and see if you can come to some sort of agreement on the issue.  Maybe if you and the other neighbor present a united front and united agreement you will be able to persuade compliance or at least acquiescence by the bank.  After all, it is in there best interest that the property be maintained. Good luck.


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