It's not a problem yet, but there's a chance it could become one and I want to be ready. One of my neighbors recently told me they want to replace our shared fence with a steel rail fence - one of those that has vertical rails with gaps in between. My concern is how wide the gaps will be because I have a very small, skinny dog that could easily get through the rails on most such fences I've seen. I asked her and she is supposed to send me that info. While I wait for that info, we consulted a survey we had done in 2022. It clearly shows the current fence sits smack dab on the property line - so we share ownership.
Does anyone know if there is any statute in the City of Omaha or Douglas County that requires us to agree on removing/replacing that shared fence? I'm looking for something that would prevent them from moving forward without coming to an agreement (because I don't know these neighbors at all and I have no idea what kind of people they are). I just want to be prepared for the worst and hope for the best - which would be an amicable agreement before anyone touches the existing fence.
EDITED TO COVER DETAILS FROM COMMENTS: We have a survey from 2022. The fence is directly on the property line so that doesn't prove who owns the fence. The ownership of the fence/identity of the party who constructed it died with the original owners of both houses. I'm hoping to find someone who has actually dealt with the same issue who might be able to tell me how ownership was established.
