When you hear that the commercial property you are hoping to buy has a “party fence,” it might sound attractive. After all, what could be nicer than having sociable neighbors, right?
The truth is a party fence can be a real headache. It could be the reason you fall out with your adjoining store owners, not something that brings you closer together. Party fences are boundary fences. They divide the line between what is your premises and what are your neighbor’s.
Who is responsible for a party fence?
Under Mississippi law, both you and your neighbor are jointly responsible for the fence. That is why party fences can cause so many problems. You are both accountable for its maintenance and upkeep. Neither has the right to alter it, remove it or replace it without the other’s consent. If you do, they could claim damages.
You might see the fence as perfectly adequate as long as it is still standing. Your neighbor may insist it is old and that you need to pay your share to replace it. Even if you agree to contribute to a replacement, you could still encounter issues. You may want a low rustic fence to reflect your gardening store. The security store you share the fence with might feel the barbed wire Alcatraz look is more relevant to them.
How a boundary issue can affect you
Boundary disputes can soon lead business neighbors to fall out. The physical line between you can divide you in more ways than one. Seek advice if you want to understand more about Mississippi fence laws — before you invest in that commercial property. Aside from issues with neighbors, you could also face problems if you break regulations about fence height or material imposed by town planners or housing authorities.
