The old saying “Good fences make good neighbors” was memorialized in 1914 by Robert Frost in the poem “Mending Wall.” There can be a hundred different interpretations of what a good fence is. Most people probably think of Tim Allen and Mr. Wilson on “Tool Time” when they think of a good fence and good neighbors - but could there be more?
The answer is yes. Good fences are more than physical structures between two properties. Good fences are agreements between neighbors before they pave their driveway together. They represent agreements on maintenance and responsibility of each driveway. It is an agreement about allowing drainage piping to be placed upon a neighboring property and the terms of maintenance of same. A fence can be an agreement for the use of springs for water in more rural areas or rights of way to allow a neighbor to access their property by allowing them to use a portion of your property to enter and exit their property. It can also be an agreement to allow a party the right of first refusal to purchase property if the property is ever sold.
Agreements of these types should always be put into writing and placed on the record with the County clerk when the agreement is first made. These types of fences do continue to make new neighbors, especially as properties are bought and sold over time. When hiring a real estate attorney, it is important that your attorney understands the importance of these good fences. If a good fence has been built prior to issues arising between neighbors, you run less of a chance of coming home one day to this:
Contact MCV Law to assist you with your purchase or sale. Our team knows the importance of a good fence.