Neighbor Fencing question

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FB01
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Neighbor Fencing question

Post by FB01 » Mon Sep 03, 2018 11:34 am

Hi,

I have a neighbor on my backside of my yard whom I never see but we just share the fence. He has a tree whose branches have pushed the fence and one side of the fence is now leaning towards our side.

This week he came to ask to share the cost of fencing. I didn't say no and said first let me know the estimate first.

However, do you think whether I should share anything as because of his tree one part of fence is leaning. I am not sure what his plan to share just that part of fence or planning to get the share for whole fencing which obviously I will not be giving as rest of the fence is pretty stable.

Let me know your thoughts.

-JR
Thanks, | JR

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dm200
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Re: Neighbor Fencing question

Post by dm200 » Mon Sep 03, 2018 11:38 am

FB01 wrote:
Mon Sep 03, 2018 11:34 am
Hi,
I have a neighbor on my backside of my yard whom I never see but we just share the fence. He has a tree whose branches have pushed the fence and one side of the fence is now leaning towards our side.
This week he came to ask to share the cost of fencing. I didn't say no and said first let me know the estimate first.
However, do you think whether I should share anything as because of his tree one part of fence is leaning. I am not sure what his plan to share just that part of fence or planning to get the share for whole fencing which obviously I will not be giving as rest of the fence is pretty stable.
Let me know your thoughts.
-JR
It seems that he should just trim his tree.

Scrapr
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Re: Neighbor Fencing question

Post by Scrapr » Mon Sep 03, 2018 12:05 pm

Would you prefer that the neighbor just take out the fence? (and trim the tree?) Leaving you to either live with the results or buy your own fence?

Me I try to work things out with neighbors. Unless it becomes the Great Wall of China I would split the cost (of the entire fence)

don't become this guy. His defense? They started it

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EagertoLearnMore
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Re: Neighbor Fencing question

Post by EagertoLearnMore » Mon Sep 03, 2018 12:27 pm

Think of it this way. The neighbor came to talk to you and give you an option. Most neighbors aren't that pleasant. At least you are willing to get the estimate and listen to his plans. Perhaps the two of you can work out a solution that works for both of you and helps improve both properties. Worth a try.

bob60014
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Re: Neighbor Fencing question

Post by bob60014 » Mon Sep 03, 2018 12:51 pm

"Share the fence"? Who actually owns the fence as indicated on the plat of survey or other documentaion? The answer about replacing/repairing would then be very clear, imho.

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CABob
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Re: Neighbor Fencing question

Post by CABob » Mon Sep 03, 2018 1:33 pm

Hopefully the neighbor will be trimming his tree which should be at his cost. Generally I think you should split the cost of the fence repair/replacement.
Bob

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Cyclesafe
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Re: Neighbor Fencing question

Post by Cyclesafe » Mon Sep 03, 2018 1:57 pm

If it is obvious that the reason the fence is being replaced is because of the encroaching tree, at worst you should pay for your half less half of the prorated value of the existing fence. For example, if a 10 year old existing fence has a 20 year life you should pay 1/2 x 1/2 for the cost of a new one.
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tibbitts
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Re: Neighbor Fencing question

Post by tibbitts » Mon Sep 03, 2018 2:06 pm

My house was the first in the neighborhood to have a fence, so I have the "pretty" (front) side of the fence, and around here that makes me 100% responsible for fencing on every side of my house. Everybody else gets the less pretty side of the fence for free.

I would guess the fence is on my property, but I don't plan to spend the money to find out.
Last edited by tibbitts on Mon Sep 03, 2018 2:17 pm, edited 1 time in total.

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damjam
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Re: Neighbor Fencing question

Post by damjam » Mon Sep 03, 2018 2:09 pm

EagertoLearnMore wrote:
Mon Sep 03, 2018 12:27 pm
Think of it this way. The neighbor came to talk to you and give you an option. Most neighbors aren't that pleasant. At least you are willing to get the estimate and listen to his plans. Perhaps the two of you can work out a solution that works for both of you and helps improve both properties. Worth a try.
+1

Here in the wilds of Brooklyn fences typically run right on the lot line (or close enough), so it's customary to split the cost of any fences. Certainly an argument can be made that the neighbor's tree caused the damage so they should shoulder the cost of any repair. You need to feel out the situation. Good fences make good neighbors and all that, but arguments over fences can become epic battles.

One thing I would suggest is that you find any surveys you may have for the property and hopefully they will show the fence. You probably have a survey from when you purchased the property, possibly one even more recent. If nothing else you want to make sure the fence stays where it is and not creep into your property any further than it may already be.

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Re: Neighbor Fencing question

Post by livesoft » Mon Sep 03, 2018 2:13 pm

I would have said right then and there, "Of course! I am happy to share in the cost of the shared fence that is replaced. Thanks for taking care of this!"
Last edited by livesoft on Mon Sep 03, 2018 2:14 pm, edited 1 time in total.
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vineviz
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Re: Neighbor Fencing question

Post by vineviz » Mon Sep 03, 2018 2:13 pm

FB01 wrote:
Mon Sep 03, 2018 11:34 am
Hi,

I have a neighbor on my backside of my yard whom I never see but we just share the fence. He has a tree whose branches have pushed the fence and one side of the fence is now leaning towards our side.

This week he came to ask to share the cost of fencing. I didn't say no and said first let me know the estimate first.

However, do you think whether I should share anything as because of his tree one part of fence is leaning. I am not sure what his plan to share just that part of fence or planning to get the share for whole fencing which obviously I will not be giving as rest of the fence is pretty stable.

Let me know your thoughts.

-JR
My thought is that in many legal jurisdictions (maybe even most), there is no such thing as a "shared" fence. The fence is either on the neighbor's side of the property line or on your side.

My thought is that whoever owns the property upon which the fence is built is the person who owns the fence, and that person gets to decide whether they repair it or not at their own expense.

If the fence is EXACTLY on the property line, it might be legally shared. In that case you MUST pay for half the installation, maintenance, and repair.

So the question is possibly whether the repairs will cost more than a property line survey would cost.
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Re: Neighbor Fencing question

Post by daveydoo » Mon Sep 03, 2018 2:34 pm

FB01 wrote:
Mon Sep 03, 2018 11:34 am

I have a neighbor on my backside of my yard whom I never see but we just share the fence. He has a tree whose branches have pushed the fence and one side of the fence is now leaning towards our side.
We are the culprits in a similar situation. Original owners so we know that of the three fenced "sides" of our back yard, one was shared with neighbor x, one was put up without our knowledge by neighbor y, and one -- facing neighbor z -- was put up by us with their (grudging) consent. Al in the same year -- we knew we wanted a fenced yard. So each "part" of the fence has different owners, a different back-story, and a different set of obligations. After snowstorm, our leaning trees are pushing on the fence so we are starting this process... It's our "fault" but the fence is very old and I guess my point is that we feel differing levels of commitment to each of these neighbors with whom we share the "same" fence...
"I mean, it's one banana, Michael...what could it cost? Ten dollars?"

ytm
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Re: Neighbor Fencing question

Post by ytm » Mon Sep 03, 2018 2:38 pm

If the fence is not installed correctly and encroaches on your property, you might have problems.
I'd first consult a local real estate attorney and discuss:
Fence Sharing Agreement ($300+ attorney fee).
Adverse Possession
Problems selling your house if the buyer can't get a mortgage because there's a property line issue.
Problems with your homeowners insurance if the neighbor's fence is on your property.

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Re: Neighbor Fencing question

Post by maroon » Mon Sep 03, 2018 2:54 pm

My next-door neighbor installed a fence that he pulled out a a dumpster (literally). :annoyed

To the OP - I'd gladly pay for half a fence if I had input about the fence. The alternative could be worse.

OnTrack
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Re: Neighbor Fencing question

Post by OnTrack » Mon Sep 03, 2018 2:57 pm

tibbitts wrote:
Mon Sep 03, 2018 2:06 pm
My house was the first in the neighborhood to have a fence, so I have the "pretty" (front) side of the fence, and around here that makes me 100% responsible for fencing on every side of my house. Everybody else gets the less pretty side of the fence for free.

I would guess the fence is on my property, but I don't plan to spend the money to find out.
In some areas it in normal for the "pretty" side of the fence to be on the neighbor's side.

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dm200
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Re: Neighbor Fencing question

Post by dm200 » Mon Sep 03, 2018 3:02 pm

OnTrack wrote:
Mon Sep 03, 2018 2:57 pm
tibbitts wrote:
Mon Sep 03, 2018 2:06 pm
My house was the first in the neighborhood to have a fence, so I have the "pretty" (front) side of the fence, and around here that makes me 100% responsible for fencing on every side of my house. Everybody else gets the less pretty side of the fence for free.

I would guess the fence is on my property, but I don't plan to spend the money to find out.
In some areas it in normal for the "pretty" side of the fence to be on the neighbor's side.
The "fairest" type of fence between two, equal neighbors is the type of fence that looks the same on both sides - offsetting vertical boards.

TravelforFun
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Re: Neighbor Fencing question

Post by TravelforFun » Mon Sep 03, 2018 4:58 pm

To me the neighbor ought to replace the damaged section of the fence at his own cost because his tree damaged it but it may not be worthwhile to argue.

TravelforFun

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RickBoglehead
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Re: Neighbor Fencing question

Post by RickBoglehead » Mon Sep 03, 2018 5:01 pm

Who owns the fence?

Whose property is the fence on?

Need to answer these questions.
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Re: Neighbor Fencing question

Post by Shallowpockets » Mon Sep 03, 2018 5:04 pm

The pretty side of the fence is to keep you out. It is harder to climb over from that side. As a fence it is utilitarian. You do get the pretty side when the unity is don't come in.

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Re: Neighbor Fencing question

Post by PhilosophyAndrew » Mon Sep 03, 2018 5:07 pm

Cyclesafe wrote:
Mon Sep 03, 2018 1:57 pm
If it is obvious that the reason the fence is being replaced is because of the encroaching tree, at worst you should pay for your half less half of the prorated value of the existing fence. For example, if a 10 year old existing fence has a 20 year life you should pay 1/2 x 1/2 for the cost of a new one.
Perhaps this makes sense from some abstract perspective, but it seems a risky argument to rely on in practice — it seems like a recipe for generating long-lived resentment.

There are various ways to conceive of fairness in this situation. I recommend following a simpler approach.

Andy.

TOJ
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Re: Neighbor Fencing question

Post by TOJ » Mon Sep 03, 2018 5:39 pm

Drawing upon my years in suburbia, the fence is a split cost and typically falls directly on the property line. The panels alternate, pretty/ugly, along the length of the shared boundary.

I would be annoyed that the neighbor caused the problem but I know this didn’t happen overnight. I would agree to split the cost and be angry at myself for not catching the issue earlier. People are generally poor at placing trees. Place it as close to the fence as possible to avoid losing yard space. Now branches are your neighbor’s problem. Anyway, it’s nice having a neighbor who cares, and I wouldn’t want to get into an angry situation with a neighbor over this. Split the cost and use this opportunity to ask him to take care of the tree going forward.

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dm200
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Re: Neighbor Fencing question

Post by dm200 » Mon Sep 03, 2018 5:41 pm

This is the type of wooden fence that is the same on both sides. We have one at the back that a neighbor put in (didn't ask us) at his full expense.
https://www.tcfence.com/images/wood-pri ... design.jpg

squirm
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Re: Neighbor Fencing question

Post by squirm » Mon Sep 03, 2018 6:40 pm

Just ask him what the estimate is and if it is reasonable pay half. Don't be one of those neighbors that overthink this and not willing to pay. When we lived in a house with shared fences I replaced all the fences myself because they were rotted. The neighbors that never paid me a cent remained on my ** list and still are (house is a rental). The neighbors that paid are good neighbors and I help them out when I'm there and if they need me.

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Re: Neighbor Fencing question

Post by Yooper » Mon Sep 03, 2018 7:27 pm

I'm in the camp with Livesoft and Squirm. Most people are "nice people", but if slighted (or even if they perceive to have been slighted) can go sideways and THAT can make things almost unbearable. Besides, he probably felt awkward approaching you in the first place. Graciously say yes and for a small amount of money you've indebted him to you. You never know when you'll need a favor from him and if/when the time comes you'll already have an established relationship. A good one at that.

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dm200
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Re: Neighbor Fencing question

Post by dm200 » Mon Sep 03, 2018 7:35 pm

squirm wrote:
Mon Sep 03, 2018 6:40 pm
Just ask him what the estimate is and if it is reasonable pay half. Don't be one of those neighbors that overthink this and not willing to pay. When we lived in a house with shared fences I replaced all the fences myself because they were rotted. The neighbors that never paid me a cent remained on my ** list and still are (house is a rental). The neighbors that paid are good neighbors and I help them out when I'm there and if they need me.
Why?? The OP states that the part of the fence in question has problems due to the neighbor's tree. The OP also states that the rest of the fence is in good condition. I would agree to pay half if the problem was that the whole fence had deteriorated.

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Re: Neighbor Fencing question

Post by mouses » Mon Sep 03, 2018 7:54 pm

I am actually used to shared fences. I would have asked to see the estimate and also discussed the type of replacement fence. No hideous white plastic fences for example.

Be nice even if you wind up paying somewhat more, and have a friendly neighbor. Do not turn this into an adversarial relationship.

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Re: Neighbor Fencing question

Post by neilpilot » Mon Sep 03, 2018 8:00 pm

OnTrack wrote:
Mon Sep 03, 2018 2:57 pm
tibbitts wrote:
Mon Sep 03, 2018 2:06 pm
My house was the first in the neighborhood to have a fence, so I have the "pretty" (front) side of the fence, and around here that makes me 100% responsible for fencing on every side of my house. Everybody else gets the less pretty side of the fence for free.

I would guess the fence is on my property, but I don't plan to spend the money to find out.
In some areas it in normal for the "pretty" side of the fence to be on the neighbor's side.
In some areas the "pretty" side of the fence MUST be facing the neighbor, by code.

goodlifer
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Re: Neighbor Fencing question

Post by goodlifer » Mon Sep 03, 2018 9:58 pm

It depends on who actually owns the fence. Our city rule is that fences must be at least 6 inches inside your property line, so there are no shared fences here. I decided to keep mine 3 ft inside my property line for maintenance purposes and would have told the neighbor to remedy the tree situation before it started to ruin my fence. But most of my neighbors are rude jerks so I don't feel bad if I offend them. If it truly is a shared fence and you want to stay friendly with the neighbor, get the estimate and casually say, "You're going to fix your tree first though, right?" as if it is logical conclusion and not a question.

Kennedy
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Re: Neighbor Fencing question

Post by Kennedy » Mon Sep 03, 2018 10:01 pm

If my tree caused damage to the fence, there is NO WAY I would ask the innocent neighbor to pay one cent. In fact, this very situation happened to me with a property I owned. It never crossed my mind to ask the neighbor to contribute to damage caused by my negligence in not caring properly for MY tree. Some people here are suggesting that the neighborly thing for the innocent neighbor to do is to fork out half the cost of the repair. I say the neighborly thing to do is for whomever caused the damage to pay the entire bill.

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Re: Neighbor Fencing question

Post by Sandtrap » Mon Sep 03, 2018 10:03 pm

livesoft wrote:
Mon Sep 03, 2018 2:13 pm
I would have said right then and there, "Of course! I am happy to share in the cost of the shared fence that is replaced. Thanks for taking care of this!"
+1 :D
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SR II
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Re: Neighbor Fencing question

Post by SR II » Mon Sep 03, 2018 10:16 pm

Speaking about the "pretty" side of a fence: Our post WWII house in Burbank had a concrete block wall at the rear of the yard that was left loose (like you could push a whole eight foot section between pillars back and forth) due to the 1994 Northridge earthquake. After inspection by FEMA and a couple of masons, the consensus was that a concrete block "brace" could be placed on either side of the loose section to hold it in place.

We had to talk to the neighbor to the rear in order to get access to build the brace on her side of the wall. She was an older lady and the original owner of her house (we were the second owners of ours). She said she wasn't going to pay a penny to get it done and didn't care whether or not it was fixed at all. When we told her FEMA was going to cover the cost, she agreed to access and the repair.

As the masons was building the brace, I looked over the top of the wall to see how they were doing and saw that when the wall was originally built, the mortar was not "finished" on her side. And was all sloppy and oozy looking, like she didn't give access all those years earlier. But, the mortar was finished all neat and "pretty" on our side. Wonder who paid for the wall in the first place?

If I were the OP, I would gladly go halves with the neighbor, as long as he would get the tree trimmed!

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Re: Neighbor Fencing question

Post by lthenderson » Tue Sep 04, 2018 9:12 am

Sandtrap wrote:
Mon Sep 03, 2018 10:03 pm
livesoft wrote:
Mon Sep 03, 2018 2:13 pm
I would have said right then and there, "Of course! I am happy to share in the cost of the shared fence that is replaced. Thanks for taking care of this!"
+1 :D
+2

"Good fences make good neighbors." So in the interest of neighbor harmony, I would have said of course too as long as the quote was reasonable.

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Sandtrap
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Re: Neighbor Fencing question

Post by Sandtrap » Tue Sep 04, 2018 9:16 am

lthenderson wrote:
Tue Sep 04, 2018 9:12 am
Sandtrap wrote:
Mon Sep 03, 2018 10:03 pm
livesoft wrote:
Mon Sep 03, 2018 2:13 pm
I would have said right then and there, "Of course! I am happy to share in the cost of the shared fence that is replaced. Thanks for taking care of this!"
+1 :D
+2

"Good fences make good neighbors." So in the interest of neighbor harmony, I would have said of course too as long as the quote was reasonable.
+1
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Re: Neighbor Fencing question

Post by Glockenspiel » Tue Sep 04, 2018 9:21 am

Here in the midwest, there are no "shared fences". The fence is always on someone's property. Legally, you are not responsible for 1/2 of his fence, but if you plan on living there for a long time, it may be good to share in the cost of less than 1/2 of the side that borders your property, with him being 100% responsible for either trimming or removing the tree. If the trunk of the tree is pushing the fence over, he needs to remove the tree. If it's just a branch, he needs to prune the branch off.

TRC
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Re: Neighbor Fencing question

Post by TRC » Tue Sep 04, 2018 10:19 am

Whose property is the fence on? That is the owner of the fence and that's the person who should bear the cost of repairing / replacing it.

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Re: Neighbor Fencing question

Post by Watty » Tue Sep 04, 2018 10:29 am

mouses wrote:
Mon Sep 03, 2018 7:54 pm
I am actually used to shared fences. I would have asked to see the estimate and also discussed the type of replacement fence. No hideous white plastic fences for example.

Be nice even if you wind up paying somewhat more, and have a friendly neighbor. Do not turn this into an adversarial relationship.
+1

It is very reasonable to wait until you see that the estimate is reasonable and does not include any other work on fencing that is not adjacent to your yard.

Since the tree grew into the fence I would suspect that it is pretty old anyway.
Last edited by Watty on Tue Sep 04, 2018 10:32 am, edited 1 time in total.

JW-Retired
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Re: Neighbor Fencing question

Post by JW-Retired » Tue Sep 04, 2018 10:30 am

livesoft wrote:
Mon Sep 03, 2018 2:13 pm
I would have said right then and there, "Of course! I am happy to share in the cost of the shared fence that is replaced. Thanks for taking care of this!"
Same here! At various times we have split fence replacements with all 3 of the across the fence neighbors. Has worked well.
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pqwerty
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Re: Neighbor Fencing question

Post by pqwerty » Tue Sep 04, 2018 11:12 am

maroon wrote:
Mon Sep 03, 2018 2:54 pm
My next-door neighbor installed a fence that he pulled out a a dumpster (literally). :annoyed

To the OP - I'd gladly pay for half a fence if I had input about the fence. The alternative could be worse.
Yup, same here. I remember the guy putting it up in the dark attempting to smash the posts down with a brick. That was years ago and it is still sitting there (most of it has fallen over). The police (they stop by frequently) told us we could move the pieces that fell in our yard. They must have noticed us mowing around them. Good to know I'm not that special.

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Re: Neighbor Fencing question

Post by MnD » Tue Sep 04, 2018 11:27 am

I paid 100% of the cost of replacing "our" fence (with many weeks of advance notice of the job to all affected neighbors) that was on the property line.
Two of my 3 neighbors then complained. One contended that I "stole" some of his property because the old fence had dipped into my yard for a few sections to avoid a huge tree that was removed 25 years ago. The new fence is straight and right on top of the old fence-line except the couple of sections where old fence zigged to avoid this now non-existent tree.

The other neighbor bitched about the fence following the ground surface instead of being perfectly level to some sort of imaginary level datum. After the fence was 90% up they went on and on about how they had planned for many months to level our shared property line (without consulting us apparently) but she had a heart attack a while back and he hurt his back and our fence construction schedule didn't allow for them to do re-leveling because the fence company put up the new fence right after demolishing the old one (what a concept!). They also complained about the price and appearance upgrade we did to a flat-top design and they especially didn't like the bottom trim piece on their side (I put the good finished side facing the neighbors) because it "highlighted" that the ground surface varied in height over a 100+ feet run on their side. In Colorado - shocker!

Moral of the story is some neighbors just suck and are never going to be happy no matter what you do. Our fence company calls it "fence wars" and they said few jobs get completed without at least some of this nonsense.
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Re: Neighbor Fencing question

Post by Mjar » Tue Sep 04, 2018 2:38 pm

FB01 wrote:
Mon Sep 03, 2018 11:34 am
Hi,

I have a neighbor on my backside of my yard whom I never see but we just share the fence. He has a tree whose branches have pushed the fence and one side of the fence is now leaning towards our side.

This week he came to ask to share the cost of fencing. I didn't say no and said first let me know the estimate first.

However, do you think whether I should share anything as because of his tree one part of fence is leaning. I am not sure what his plan to share just that part of fence or planning to get the share for whole fencing which obviously I will not be giving as rest of the fence is pretty stable.

Let me know your thoughts.

-JR
if the fence is his then he needs to take on the full costs but I would help split the cost of trimming the tree to prevent this from happening again.

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Re: Neighbor Fencing question

Post by Texanbybirth » Tue Sep 04, 2018 2:43 pm

Watty wrote:
Tue Sep 04, 2018 10:29 am
mouses wrote:
Mon Sep 03, 2018 7:54 pm
I am actually used to shared fences. I would have asked to see the estimate and also discussed the type of replacement fence. No hideous white plastic fences for example.

Be nice even if you wind up paying somewhat more, and have a friendly neighbor. Do not turn this into an adversarial relationship.
+1

It is very reasonable to wait until you see that the estimate is reasonable and does not include any other work on fencing that is not adjacent to your yard.

Since the tree grew into the fence I would suspect that it is pretty old anyway.
+1
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Re: Neighbor Fencing question

Post by likegarden » Tue Sep 04, 2018 3:06 pm

Why not cut back that tree? Every tree is growing outwards over the years and has to be cut back to stay outside fence trouble. I cut back neighbor's 3 Green Giant arborvitaes every year above my property.
In your case the property line is likely several inches outside the fence seen from your side, check with your town over its rules. So cut the tree branches back to above the property line, push back the fence and you do not need a new fence.

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Location: Florida

Re: Neighbor Fencing question

Post by meebers » Tue Sep 04, 2018 5:14 pm

Whom ever wants/puts up the fence is their property and responsibility. My neighbor replaced "his" fence and asked to share cost. I asked who's fence will it be and he said theirs. I declined with there is no such thing as a co owned fence with examples of if your fence blows away and damages some other property insurance company's would not jointly pay the claim.

About a year later, the wife knocks on my door and tells me that her husband thinks the fence is way short of the property and that his landscaper is going to be moving it 10" towards the line (my property) and would not be responsible if any of our plants etc. were to be damaged. I asked her if she had the plot drawing and to get it out, I still had mine and we would measure. (you could look straight down the fence line of the remaining neighbors and tell it was straight on.) Our measurements revealed that in fact his fence was 3" on my property and that she should tell her husband that I wanted it moved immediately. We still waive occasionally but have not had any fence discussions since.

Another neighbor purposely wanted her fence 12" back from the line and we complied. Her next door neighbor wanted to put a 12" section closing in his yard so that he could enjoy her fence. She said no and the sparks flew for several months, he ended putting his own fence up.

( I used sell houses in my neighborhood and was an HOA Director and have seen the gambit on fence wars) :sharebeer

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snackdog
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Re: Neighbor Fencing question

Post by snackdog » Tue Sep 04, 2018 5:42 pm

Check your state laws on the fence issue. In some states you may be required to pay half as long as the fence is "reasonable". Also check the state laws on fence positioning. In some states once a fence is in place for a while, it become the legal property line. In Texas, for example, many people would do a survey to be sure the new fence was correctly located.

Also, I don't buy the argument it his tree. If it crossed the fence it is partly your tree also and you may enjoy shade from it, etc.

Do you need the fence? How about leaving part of it down?

likegarden
Posts: 2938
Joined: Mon Feb 26, 2007 5:33 pm

Re: Neighbor Fencing question

Post by likegarden » Tue Sep 04, 2018 6:09 pm

For things like fence laws, there is a $20 or so book "NOLO Neighbor Laws".

Capsu78
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Re: Neighbor Fencing question

Post by Capsu78 » Tue Sep 04, 2018 6:30 pm

I live in a "No Fences Allowed" village, but have experience with my grown kids fence lines and fence replacement. My first stop would be to your municipal office and ask what is the official fence policy in whatever your community identifies itself as. My kid had a neighbor who threw a hissy about the location of the replacement fence... DD had the fencing company play the bad guy, using the cities own "approved placement guidelines" working of the platt of the property.
They (eastern European immigrants, not that it matters for anything other than cultural misunderstandings- good neighbors in every other sense) kept pointing to an arrangement they had with previous occupants about the placement of a garden box. They said "property ends here", village said otherwise.

Mitchell777
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Re: Neighbor Fencing question

Post by Mitchell777 » Tue Sep 04, 2018 6:39 pm

I would want to know exactly where the property line is. If the fence is on my property, I'd pay to replace it (not suggesting what you should do, just me). I would not ask anyone to pay half. If it's not my fence I would not want to pay to replace it unless there was no other option for me. If it's exactly on the property line, we'd have to work it out. Of course this is all based on my situation and my current fence. Both neighbors that border the fence have not put a dime in their properties in the last decade.

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dm200
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Location: Washington DC area

Re: Neighbor Fencing question

Post by dm200 » Tue Sep 04, 2018 6:41 pm

In the late 70's, when we bought our house - most of the neighborhood still had the low, wire type fences on the property lines from when the houses were build (late 30's and into the 40's). In recent years, definitely a "trend" for high, solid wooden fences all over the neighborhood.

jehovasfitness
Posts: 553
Joined: Mon Jan 22, 2018 2:26 pm

Re: Neighbor Fencing question

Post by jehovasfitness » Tue Sep 04, 2018 7:02 pm

We had an old chainlink at our last house.

We opted to put up a vinyl privacy fence bordering 3 different neighbors lawns at our expense.

If my tree were to damage it I wouldnt hesitate to pay for 100% of the repairs.

What I'm getting at is. Who put up the fence you or them?

muddlehead
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Re: Neighbor Fencing question

Post by muddlehead » Wed Sep 05, 2018 12:04 pm

Wow. Can't believe some of the responses. Of course, without a doubt, you split 50/50 the cost of a property line fence. Of course, without a doubt, if your neighbor's tree is causing a problem with the fence that needs to be fixed, take that into consideration when sharing costs. This ain't hard people.

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