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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]Neighbor wants to replace the old fence and [b]asking to share the cost [/b][/quote]

Wow. OK.

Negotiate with them to build the fence several feet into their property, as far as possible. In 15 years, claim Adverse Possession. [/quote]
Nice try, but not how it works - especially if you negotiate.[/quote]

Verbal only. [/quote]
Nice try, but still not how it works.[/quote]

Okiedokie, since the sarcasm is not obvious to everyone here...

Build the fence yourself: erect an “open”, “notorious” – in plain view to the neighbor - wall providing you "exclusive" and "continuous" possession of the neighbors property. [i]Reid v. Anderson, 13 App.D.C. 30, 36 (1898); see generally 5 POWELL, supra, § 1013(1), at 91-11; 7 THOMPSON, supra, § 2543, at 604[/i]. Absent evidence to the contrary -[i] Gary v. Dane, 133 U.S.App.D.C. 397, 399, 411 F.2d 711, 713 (1969); see also Kogod v. Cogito, 91 U.S.App.D.C. 284, 286, 200 F.2d 743, 745 (1952) [/i]– when the statutory period expires (15 years most states) the possessed property "ripens" into an original title; title so acquired by the adverse possessor cannot be divested by acts other than those required where title was acquired by deed. [i]See also Baker v. Oakwood, 123 N.Y. 16, 25 N.E. 312 (1890); Connell v. Ellison, 86 A.D.2d 943, 944, 448 N.Y.S.2d 580, 581 (3d Dept.1982); 5 THOMPSON, supra, § 2541, at 585-87.[/i]

The real answer is the neighbor pays for their own fence.

(The suggestion above was sarcasm, in case anyone else is having difficulty catching on: no, do not attempt possession.)  
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