Neighbor dispute over property fence: Need advice!

So, I’ve got a major issue with the fence shared with my neighbors. Here’s the breakdown...
It’s a stone base topped with an iron fence. Based on how it was built—specifically that ironwork—it clearly belongs to my neighbor since it matches the rest of his perimeter.
The problem is, the whole thing is leaning heavily onto my property. It's basically a ticking time bomb at this point. A section has already collapsed because of a pine tree whose roots pushed everything out of alignment. The tree actually blew down during a storm, so it's gone now, but that part of the fence is still a wreck.
On top of that, as I mentioned, the entire structure is tilting toward my yard. A huge reason for this is a massive cypress tree sitting right on their side, right against the fence. To be clear, this tree is enormous—tall, spreading, and about 50% of its bulk hangs over my side. Even when I try to trim the parts on my property, there's a constant fear it might fall toward their house or back onto my side. What then?
Given the facts, this fence is dangerous. It hasn't fallen yet, but it should have, and my neighbors aren't doing a single thing about it. Next year, I'll have two small children playing in my yard, and I need to know what my options are to force them to fix the fence and, ideally, deal with that cypress tree that's causing all these root and weight issues.
Sorry for the wall of text; I just wanted to be thorough.
Thanks.

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So, if you're standing there just looking out at the street, is that fence on your left or your right?

Laura Cox5 said:So, if you're standing there just looking out at the street, is that fence on your left or your right?

Looking at it from the street, the fence is on the right side of the house. I know there's that presumption that it belongs to me because of its position, but my understanding is that only applies if there isn't another way to determine ownership. In this specific case, the fence is identical to the rest of the perimeter around the neighbor's property... Unless I'm mistaken.

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I mean, it’s basically yours unless you and the neighbors reach some kind of deal, right?

Well, if that’s the case, then we’re looking at having to sink some serious cash into it, which I’m guessing isn't exactly sitting on anyone's wish list, so honestly, I'd probably just settle for fixing up the neighbor's fence instead.
OT: Just bolt down the fence 🙂

Kate Hill3 said:Well, if that’s the case, then we’re looking at having to sink some serious cash into it, which I’m guessing isn't exactly sitting on anyone's wish list, so honestly, I'd probably just settle for fixing up the neighbor's fence instead.
OT: Just bolt down the fence 🙂

Look, I'm not interested in those small-town petty dramas where people spend three generations fighting just to prove the "neighbor" is wrong. That's a waste of energy.
I have zero issue paying to build a fence IF it's actually mine. I could have it sorted by tomorrow if it were my responsibility. But the whole mess was caused by the neighbor's side—specifically a tree right next to the line whose roots are pushing the entire structure over. And they aren't showing any sign of fixing their end of the problem.
So why should I throw money at a fence regardless of who owns it? It's not my job to trespass on their property to cut down a tree that's causing damage, and even if I did, we'd be right back at square one with a broken fence.

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Benjamin Castillo16 said:Look, I'm not interested in those small-town petty dramas where people spend three generations fighting just to prove the "neighbor" is wrong. That's a waste of energy.
I have zero issue paying to build a fence IF it's actually mine. I could have it sorted by tomorrow if it were my responsibility. But the whole mess was caused by the neighbor's side—specifically a tree right next to the line whose roots are pushing the entire structure over. And they aren't showing any sign of fixing their end of the problem.
So why should I throw money at a fence regardless of who owns it? It's not my job to trespass on their property to cut down a tree that's causing damage, and even if I did, we'd be right back at square one with a broken fence.

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then just sue him

Look, if your neighbor put up that fence, then it’s his responsibility, period—regardless of whether it sits right on the property line or just inside his yard. He owns the headache now. As far as I can see, your only real move is to take him to court. You’re entitled to damages, even if it's just for some overgrown cypress trees.

Obviously, I’m not going to suggest you "encourage" the fence to collapse on its own just so you can rebuild a new one right on the boundary line.

silvertiger11 said:Look, if your neighbor put up that fence, then it’s his responsibility, period—regardless of whether it sits right on the property line or just inside his yard. He owns the headache now. As far as I can see, your only real move is to take him to court. You’re entitled to damages, even if it's just for some overgrown cypress trees.

Obviously, I’m not going to suggest you "encourage" the fence to collapse on its own just so you can rebuild a new one right on the boundary line.

Thanks for the input! It's honestly hard to believe people see something this obvious happening and choose to do absolutely nothing about it..
Just another lawsuit that's going to drag through the American court system for years.

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