My Neighbor & His Fence

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HMFIC

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I had a funny thing happen today...


The doorbell rang and when I answered it, it was the neighbor who lives the next street over and is directly across the back of my house.

He told me that he just had the fence replaced, (which I already knew) and had some paperwork in his hand. He went on to ask me if I would like to pay for half of it.

I kind of chuckled a little and replied that "no, I would not."

He then said, "well... it's half your fence too."

I mentioned that "I wasn't sure about that, but that I wasn't going to pay for it regardless."

He stated at that time that "it's normal procedure to split the cost."

I told him that "normal procedure probably also involves discussing and perhaps asking ahead of time"

He then attempted to hand me the paperwork anyhow, which I refused to accept.

I went on to say that I would be moving at some point soon anyhow and that I wouldn't be paying for the fence he alone chose to replace.

I guess that gave him the out he needed and he said "well, I guess if you're moving anyhow then I understand".

He then left and I suspect I won't hear from him again about it, but who knows...



Some background. the fence was fine. No damage, standing perfectly straight, no issues at all. The fence was originally installed by the homeowner that lived there at the time the house was first sold. I do not know if that was him or not, but I tend to think not. I also do not know if the fence is on my side or his side of the property line or if it straddles it.

All of a sudden one day, with no warning, no notice, no conversation whatsoever about it, I came home to find it completely gone along the back side which is against his property. Workers we busy installing a new fence made from nice really nice looking cedar and they did so on all three borders and the front sides of his house. He has had quite a bit of work in the backyard done recently with the addition of an outdoor fireplace area and a pergola that matches this fence in color. I'm sure he just wanted to have everything match up and be new to go along with his new backyard landscaping. In any case, I didn't really give it much more thought at the time.


So... I ask you OSA. What is your take on this? Does anyone know the law around it?
 

The German

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That is pretty wild. There might be something in your covenants about fences but I am sure that he cannot just replace it without discussing it with you and then just handing you a bill. I would have said no just for spite at first, but then paid, but then again if there was nothing wrong with it then I might have not paid at all. At least he did not argue with you about it.
 
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He should have talked to you first. We did that with our neighbors when we were thinking about replacing the fence on 2 sides and when we talked to them all they had to say was " its keeping your dogs in so you pay for it" needless to say we just patched a small spot and left it.
 

Fatboy Joe

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Someone owns the fence. In my case, I didn't own any of the fences around my yard. All of the neighbors own it, therefore I had no say in what type/look they put up and I had three different types. If I did't like it, I could put up my own. I wouldn't have paid jack for it. Now if he would have included you in the decision making process than that is one thing...but since he didn't I wouldn't care.
 

DanB

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I've been through this twice for two sections of my fence and about to have the third discussion in the spring. Each time I approached the neighbor that shares the propertly line and let them know what I would like to do. I got quotes and we agreed on which one to go with. They issued me a check for half(I left it up to them to write it to the fence company or myself) the cost and I paid company.

If I was in your shoes, I would have had the same reaction.
 

okie362

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Valid (Smartass) responses:

1) The original fence was built by my gandfather and had sentimental value to me and I want it put back up.
2) I prefer barbed waire and will be replacing my half with that.
3) I am removing my half and placing it in the from yard.
4) Sure I'll pay for my half and I'm taking it with me when I move.

Now you see why I live out in the country. I might also build an outhouse in the backyard if I were you. Make sure it's tall enough to see over the fence :D
 

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