Q: My neighbor wants to tie into my fence ( she will have a post beside mine and use my fence for her side). State of FL.
We have an HOA and they are allowing it. My fence was installed 4 inches short to my property line. I can’t move my fence as her gas line is on my property and they are not moving or it will be a minute. I have requested but I am still waiting. I don’t want them using my fence without compensation, so I said I would color on the other side. The HOA said they would fine me for that. If I can’t get the gas line move I can’t move my fence. The HOA says I am responsible for the 4 inches, but I essentially lose four inches of my property. If I can move the fence they get the fence and the HOA will fine me if I color the other side. If they can’t see it from the road how is that possible? What else can I do here? This is so unfair that I pay for a full fence and the HOA allows the neighbor to share my fence for free.
A:
Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.
You cannot demand compensation from your neighbor for your fence after you installed it. You should have negotiated with the neighbor before the installation, although the neighbor has no duty to share in the expense of your fence.
You can't force your neighbor to put up a fence next to yours because 1) there is an easement for a gas line and it would block the easement, 2) there would be an issue with maintaining 4" of land if there are two fences on each side of that 4" and 3) the HOA probably is not going to approve a double fence along the property line for aesthetic reasons.
If you paint the fence without HOA approval they can certainly fine you if they follow the process.
It is highly unlikely the utility company will move the gas line because they have an easement to furnish the gas.
I don't see any way you can get compensated for the fence. Sorry, I know this isn't what you wanted to hear. If you ever need to repair or replace the fence, that would be your time to negotiate with the neighbor.
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