Reply to WWYD: Neighbor kids walking on top of 7ft fence

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[quote=Anonymous]It actually sounds like it is a shared fence. OP did not build the fence and it was there before she moved in, so it could be that the neighbor or the previous homeowner on the neighbor side built it. So, she would seem a little unhinged to yell about kids on her fence only it is not her fence. (And before people go on about it has to be her fence because she knows the property line, she admitted she did not know who owned the shared part of the fence and plenty of times people have put up fences that slightly fall on one side or another side of the property line and when new people come in, rather than ripping out fences for a foot of property, they concede to the fence being the division).

“Hey - I am sure you noticed, but the kids have started playing a game where they climb the fence and walk across it. I worry because on my side of the fence there is a metal frame, a basement window well (which side note how close to the fence is your house that a basement window well is in the falling path...) and several large holly bushes with super painful thorns. I am just worried if they fall off the fence there is a lot that could hurt them worse then the fall. Is it possible to have them not play that game anymore?”

It puts no ownership on the fence but asks nicely for them to stop. Also if you are in VA, it is a contributory negligence state so if the other party played a role in what led to an accident, they are also to blame and can be assigned blame on a percentage. So you having a “hazard” like a fence might make you 2% liable if a kid fell and got hurt but the family might be 98% liable for letting them climb the fence or failing to supervise [/quote]

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