My Neighbor & His Fence

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http://www.oscn.net/applications/os...3+294+267+245+230+217+172+158+95+68+46+31+18+

There are other Statutes re fences as well as OKC and Tulsa has municipal code language on them. Remember too that it is important where the boundary of the property is. Sometimes the fence is on one pice of land or another, rather than abutting both. Had a neighbor who was a complete crazy person once. I sent her a letter telling her I was going to be replacing the fence. It was in bad disrepair, horrible in fact. Had been in place for more than 20 years at that point. She objected and had someone come out and "rebuild" her fence that was along the back of my yard. Ok... Well, they moved some portions of the fence when they did that just enough to piss me off. They also did not replace the pickets and did a horrible job. (Nails left sticking out etc) Was ridiculous. I eventually had a fence company come out and tear down her fence that was now encroaching on my land in its' entirety and replace it with the biggest damn 8 foot fence ever! :) MUHAHAHHA! Loved every minute of it.

She hired a lawyer who sent me a letter. I had a lawyer friend who is essentially the number one fence and boundary dispute lawyer in the state reply. Never heard from him again.:) MUhahahahh again! Then, she sued me in small claims court! :doh: I was sooo excited!
See: http://www.oscn.net/applications/os...=caseGeneral&casemasterID=2363202&db=Oklahoma

I filed a Cross claim against the Plumbing co. They had messed up but were very nice about everything and had agreed to a settlement as shown. I also entered on behalf of the wife. The neighbor, who I thought was just odd turned out to be crazy. She accused me of breaking into her house and stealing her jewelry and a bunch of stuff! WTH??? I was shocked and awed! :) Literally thought she was kidding. At trial, she refused to show any exhibits in advance or comply with other rules at all. I was pissed!!! Even more! I objected all over the place. I will never forget the Judge's reply when she accused me in open court of the Felony! :mosh: I Had been in from of this Judge several times and had just been in there the week before defending a little old lady from some bully and the Judge tore her up and down. The police never even contacted me, even though she reported me as the thief because they apparently looked into me and figured she was cazy. Yes, she was. She brought up the fence issues and it went nowhere. Judge was not happy with her.
 

tiasman

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We had just the opposite happen. We replaced the back fence, our neighbor back there showed up a few days letter, asked to see how much we paid, then pulled out a roll of hundreds and paid us for half. I was dumbfounded. It was epic.

As for the OP, you did not owe anything since nothing was discussed beforehand IMO.
 

Cinaet

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I've lived in my house for 30+ years. We've gone through several generations of fence on all three sides. I've contracted for one side or another about half the time. I've always shared the cost one way or another. It's only fair. But, it's something we've always discussed ahead of time.
 

HMFIC

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I would feel much different about this if I were keeping this house. Him not discussing with me ahead of time sure adds to the issue and also the fact that the fence was good to begin with. If he'd have just bothered to say anything to me at all ahead of time, he'd have realized that and could have went into his project with eyes wide open.
 

HMFIC

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This is very interesting Monkey... according to the way I read this Oklahoma statute, I'm only liable to pay if I am joined to his fence. Since the neighbors on both sides of me were the ones who originally erected fences, I didn't technically join anything, ever. I am reading that correctly?

When land which has lain unenclosed is enclosed the owner thereof, before he join to any partition fence, already erected, shall pay for one-half (1/2) of each partition fence between his lands and the adjoining lands, the value to be ascertained by the fence viewers, and if he neglects for thirty (30) days after notice and demand to pay the same, the party to whose fence he joins may recover as before provided, or such person, enclosing such land, may, at his election, rebuild and make one-half (1/2) of the fence, and if he neglects so to do for two (2) months after making such election, he shall be liable as above provided.
 

Z71

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The way it's done on the farm..where neighbors might share miles of fence...when you stand on your property looking at a fence bordering a neighbor's land(not the road..that one's all yours)..the fence from the middle to your right is your responsibility...the neighbor stands on his property looking at the fence and the fence to his right is his responsibility.

The norm is that if both partys agree to replace the fence..they share or split expenses and labor...

I'm preparing to replace a chunk of fence that's my responsibility....The neighbor and I will tear out the old....I'm buying all the materials('cause it's my shunk of fence)...and hopefully the neighbor will help build it....However my neighbor and I have reached a 'gentlmen's agreement' beforehand...we need the fence and both know it...I'm buying the stuff because this particular stretch of fence is mine that he shares..and he has in a very neighborly fashion agreed to help me with cleaning out the old and installing the new.

That's the way it's supposed to be done...Years back when I lived in town..I chainlink fenced my entire backyard...at my expense with both neighbor's permission...one of my neighbors came over after it was done and insisted on paying his half of his side of the fence....However again..I had notified the neighbors(plus I was replacing some really bad fence!!).

My thougfhts on a guy just up and putting in new fence with no prior consultation with any neighbors at all...then it's his baby.
 

bsmith918

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We had our entire fence replaced this year. The back is to a greenbelt and 100% our responsibility. We split the other 2 sides. On one side, our neighbor was very easy to deal with and split it 50/50. The second neighbor is a crazy old single lady. She didn't want to split the cost of the nicer cedar and steel posts, so we offered to pay the entire difference. Everything was fine until the fence had been installed and she decided that the steel posts were ugly and should have been placed on our side of the fence. Well, this was never brought up ahead of time and the fence was replaced with the posts on the same side as they started. I asked her why this wasn't brought up ahead of time and why she didn't mind the random steel posts that her son had placed over the years to keep the rest of her fence from falling down. She then began to complain that I never come over to say hi when I'm doing lawn work. She also complained that my truck sits outside in my driveway too much and that she thinks it should be in the garage. Everyone seems to have a crazy neighbor.
 

Parks 788

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Similar issue at my house. The property line fince between the neighbors home and mine was in bad shape. Old wood Amd overgrown with vines and rotten with termites. The neighbors are very nice but renters. They lease it through a broker. I needed to replace it as I did a full front yard remodel and the fence was part of that as it extended to the front property line. I wanted to do a block wall. Neighbor said he didn't want to pay since he was a renter which I agree with him. Said if he owned it he would split the cost. I spoke to the lease company and they said the owner didn't want to pay. (Come to find out the owner inherited the house from his mom when she died years ago, with no money owed on property and he was independently wealthy.). I decided to build the wall my self, footing and all. I went back to the leasing company and told them the entire wall and footing is 6" on my side of the property line and if they paint, hang, attach anything to the wall it will be remove by me immediately and that the wall is not to be touched. The leasing company was a bit defensive but got the point. The neighbor couldn't have agreed more with me.
 
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I checked with my neighbors before I replaced the fence on both sides, not to ask for payment, but to make sure they were OK with what I had in mind. One of them showed up a few weeks later and INSISTED on paying me. I politely declined, told him it was my fence and I was more than happy to cover it. The next week he left a $2000 cashiers check in my mailbox. I returned it to him, he stated the only way he would take it back is if I told him what his half was. I let him cover 1/2 of the materials(I supplied the labor). The neighbor on the other side never offered, and I didn't expect them to.

Kind of a douche move to show up after the fact and ask for payment.
 

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