Neighbor's Quest for Her Perfect Fence

Seems simple to me. If the fence is on her property and she wants to replace it, then she pays for it.

If it is on your property and she doesn't like it, she builds her own on her property.

As someone else wrote, right now someone does own that fence, and who that person is determines what to do. But in any case, you do not have to pay for a fence that you don't want.

The fence is the property of the person who owns the property it is 0n. You don't go "halfsies" on a fence!!

I've seen where poeple have two fences backing up to each other... b/c one person was pissed that the neighbor put the 'bad side' of the fence facing them (you're meant to put the nice side toward your neighbor and the side w/ all the support beams showing toward your house).

We have a vacation home and hte back yard has awhite fence b/c that neighbor used that, the side has a wood fence b/c that neighbor used that and the other side has no fence... b/c we can't afford to put one up yet. I'm assuming we'll use a white one to play off the back yard... and then just double the fencing down the side w/ the current wood fence to hide that.

ANY lawyer would tell you not to spend a penny on a fence w/ another person!

Did a quick google search for this, just for fun. (Check out http://realestate.findlaw.com/neighbors/fencing-laws-and-... ) Fence laws are fun - you might want to check your local property ordinances (state AND local) on this, but generally:

Since she has been benefitting from the fence, she owns half of it, and is responsible for half of the maintenance and repair costs. You are not responsible, IF you didn't build the fence, AND you have NOT been using it.

She could conceivably replace the fence on her own, and sue you for half the value - IF you are both benefitting from it. But you can argue that your hedge constitutes a "natural fence," which is more than adequate for your needs, and therefore you won't be benefitting from the new fence, so shouldn't have to pay. Keep the hedge.

I suppose you could pre-emptively build whatever fence you'd like, and then charge HER for half the value.

If the fence is on your property and you are happy with it then leave it be. If it is on her property then it is her responsibility to replace/fix it. You do not have to remove your bushes so she can fix/replace her fence. You do not have to give her any money towards her fence unless someone on your property does damage to it.

First off, where is the lot line?
If the fence is ON the lot line, you are responsible for 1/2 of the cost of removal/replacement/etc of the portion that you share.
(If the fence is on one side or the other, the side it's on determines who owns it and who is responsible for maintenance/replacement.
Be SURE one of you gets a survey done that clearly marks where the property line is!)
So if she's also having the fence put up around her entire back yard, you pay 1/2 of the one side you share.
Now, if you don't want a fence - you are entitled to say I'll help pay for the removal of the current fence but we're not interested in replacing it.
She can then put in a fence on her own a few inches on her side of the property line and then she has total ownership of the fence and can do as she pleases.
She can not order you to remove your shrubs.
You can grow what you want on your land, but to be nice about it, you can make sure your shrubs do not cross the property line so trim them so they don't.
She can cut off what crosses the line, but what ever is on your side is your own business.
There's a book you should get/read (I think EVERY home owner should read this cover to cover):
http://www.amazon.com/Neighbor-Law-Fences-Trees-Boundarie...

I would tell her that we aren't interested in a new fence and if she wants one for HER dog, then she can ensure it is on her property. If there are 2 fences side-by-side, so be it. We have a lot of that in our neighborhood. It irks me when people think they can use someone else's fence to "hook up" theirs. My friends had this problem and now when their fence gets loose or has a "break", their neighbors get upset because it's not fixed immediately and the neighbor's dogs can escape. Ummm ... so you should've built your own fence on that side and not relied on the one already there. Just my opinion. Best wishes.

Aren't fences fun! :)

Okay, I was the first to fence, as such I bear all responsibility and cost of maintaining that fence. If I want to change it, I pay but also have all say in the matter. Since then I think five neighbors have used part of my fence. Yes that is the correct number and two more could use part of my fence. I think the builder was drunk when he was cutting up the subdivision into lots but I can't prove it.

I digress...

Even though I bear all expense I also have full control. I can tear that sucker down and my neighbors can't do a damn thing about it. They would then have to complete their fence on their property.

Does that make sense?

So in other words if you use the fence, want the fence then you should voluntarily pony up cash. Going in on a fence is cheaper than putting it up yourself, ya know?

So as an example if my fence needed to be replaced and I didn't have the cash to do it it would benefit my neighbors to say hey, I like the fence, I use the fence, lets work something out.

The difference in that case is if I except my neighbors money I no longer have full say in what is put up. If they say cedar at 1,000 and I say vinyl at 2,000 then if I go with vinyl I pay 1,500 they pay 500. I also lose full control of that fence because they now own 1/4 of that section. Does that make sense?

So if you want a fence there tell your neighbors I will pay half of what I want or X dollars and if they replace the fence give them that amount only.

Oh and my fence is 100% in my property. The outside edge sits one inch inside my property line. When my neighbors butted up to it they asked me permission to go into my property to connect it. :)

Here's the bottom line: you have no legal obligation to pay for the fence. If you think the current one is adequate and they want to upgrade, it's on them. If you think the current one sucks and you both want to upgrade, you both contribute. In the latter case, you could probably re-plant the shrubs to a different spot on your property. If you want to help pay for it, I'd get a quote and pick out a few options that you like, then talk to your neighbors and come to a decision.

Our neighbors are replacing the fence between our houses this summer. Right now it's chain link, and we are totally fine with it. They want to tear it up and put a 7 foot tall wooden privacy fence. Fine by us, I have no problem moving a few flowers, but there's no way we are paying for that upgrade, since the chain link is fine and we have a lot of projects we want to do.

IMO, the ONLY perk she gets for replacing HER fence, is that SHE gets to have the "nice" side of it facing her yard.
Who owns the current fence? That's who pays for the new fence.

I would tell her politely that you like the shrubs the way they are, and that you don't mind at all if she wants to replace the fence, however you are not willing to contribute to funding the project at this time since the current fence is working just fine and you have other projects that are higher on the priority list.

Good luck!

Offer 50% of the fence you would like. (because good fences make good neighbors)

HOWEVER....the existing fence BELONGS to someone. That person has the responsibility of replacing it. Moreover, there is nothing stopping neighbor from replacing her fence (i'm assuming it's hers) and you all putting up the fence you like right next to it (on your prpty of course).

If you use the fence (kids/dog), then I would offer the 50% of 'my style' fence.

i don't get it.
she wants a fence, she puts up a fence.
when the neighbors' dogs were coming over to my place and being Very Bad Dogs, after a period of denial THEY (the neighbors, that is) put up the fence, on their side of the property line. yes, i wanted the fence, but they were the ones who were responsible for the problem, so they took care of it.
when we brought the horses here, we put up the fence on OUR side of the property line. they're our horses.
why on earth is this your problem?
khairete
puzzled S.

Ummmmm...since when is a fence SHE wants to replace your responsibility. I would tell her that your husband (if willing) would help with the project but that you do not foresee having the money to purchase a fence now or in the near future. But if she has the money, then by all means have it replaced.

ETA: If the posts are facing you then its your fence, if they are facing her its her fence. I think that is how most fences go anyway....

Yes, you tell her "this is the amount of money that we are willing to provide toward our 1/3 of the new fence (you're only paying for the one side between your two houses). That is the amount that we have budgeted. If you are interested in "upgrading", we are ok to have your upgraded side not match the rest of our fence, but we will not be able to pitch in for anything more than the cost of the basic fence"

Hope that helps.

She or you will need to get out your plat of survey and figure out who owns the current fence. It is either on your property or hers. Then who ever owns the fence can do whatever she wants witth it...replace it or not.

Next time she brings it up...I would politely tell her that your family is not interested in replace or removing the fence...but if it is on her property she is free to do what she wants. She is also free to install any fence she wants on her property and pay for it.

Wow that's bold. If SHE wants a fence, SHE installs it and pays for it. Fences are not community property. My backyard is fenced in all the way around and we are the ones who own and maintain the fencing. And there is certainly no need for you to pull up your shrubs if you don't want to.

id just tell her as nicely as possible that if you/yourhusband have to be part of the project and pay for some of it that you should both have say in what fence you pick because the one she wants is way too expensive for you.. just say im sure we could find a nice fence at a cheaper price we cant really afford something so expensive right now.. as for the shrubs its your yard your side of the fence she has no right to tell u to rip them out .. if she wants that fence and you dont you shouldnt have to give her money for it

For the record, I'm dreading when this day comes for us because I foresee a similar problem. Anyway.... It sounds like there wasn't much discussion as to the type of fence the two parties wanted/could afford. Since your neighbor has taken it upon herself to pick out the fence, and it is more than you want to spend I would suggest this.
You and your husband get a quote for a nice fence, not over the top, not cheap, but adequate and that it meets everyones needs. And tell her you fill pay for HALF of that fence.
Theres no need to discuss finances with her, just show her the estimate you have, even have her a part of the process if you want, so she see's what is being contemplated.
And for the shrubs on YOUR property, she's ridiculous!

Tell her that you are willing to jointly buy a fence but you both have to agree on the style, price range etc. If not, she will need to pay for the added amount if she is trying to get a primo fence. Tell them you are not willing to pull up your shrubs and what she is asking is unreasonable. As for several quotes and options on fences and don't be afraid to say no if what she is wanting is outrageous. You do not have to purchase the top of the line fence---its what is within your budget etc. Best wishes!~ Also, get it in writing. Don't pay up until you know exactly what you are buying.

It is not your responsibility to pay for a fence for her dog. It is her responsibility to fence in her yard. She can't ask you to remove your shrubs unless they are on her property. If this was my neighbor I'd politely let her know I was not going to help pay for HER fence.

However if you feel the need to share the fence and split the cost, you should get a say at what fence it is and the cost. Be honest about how much you are willing to spend on a fence, and if it less then what she wants you to contribute she needs to decide if she wants to foot the rest of the bill for that "perfect" fence, or if she will downsize. Bottom line, give her a $ amount of what you're willing to spend and let her decide how to proceed.

Best wishes.

If it's her fence, why do you have to help pay for it? And if the srubs are on your property, why do you need to take them out? It it's your fence and she just doesn't like it and you don't care if it's there, take it down and she can put up one of her own.

Hold on. Whose idea is it to replace it? It's her priority, her dog, and so I'd say it's her problem and responsibility. If she wants to replace it that's her perogative. Do you have reasons for needing it replaced? Her problem, and yet she expects you to rip out your greenery.
Right.
Not. I would continue with your list of priorities. If she expects you to foot half the bill, you should at least have a say in how much something costs. Otherwise there's going to be hard feelings and a potential lawsuit. And it's sounding like there's so far just a verbal agreement.

We had to replace the back section of our fence after Hurricane Ike. That neighbor did not give us ANY money towards that fence. The one of the side parts was replaced and we did contribute to our neighbor for that section. Now we have the other side. That neighbor is being poopy and wanting us to pay for 1/2 of the fence. No, I will pay for only the section that is between our property. Get your own estimate on the fence. When your neighbor says she wants x amount say that you have an estimate and that is the amount you have budgeted for.

As for the shrubs, NO!

We called the city inspector and he came out to clarify the property boundaries situation for us. We back up to a large shopping center and they were not mowing all that I thought was theirs. I also thought they needed to put up a fence to keep their trash out of my back yard. It ended up that there is easement between our property line and theirs. If we have a fence there would be several feet of empty space between the two fences for the city to be able to access their power line poles.

I suggest calling the city managers office tomorrow morning and having them send an inspector out with the property images and all the information to show exactly where the property line is and who is responsible for the fence that is currently there. I would do my own fence if and when I wanted to do one. I would also tell her that my shrubs are mine and it did not matter if she didn't like them or not.

If you want to play nice, IF she is responsible for the fence, then you might talk hubby in to helping tear the current fence down and perhaps helping her to set in the new one if they are planning on doing it themselves.

On the other hand IF the fence is on your property and your responsibility I would make sure to ask the inspector what is to be done in this case. She thinks the fence is ugly and wants it gone and replaced, you cannot afford it. What would he do? If he says replace it what are your plans then? Ask him if she can put up her own fence in her own yard, does there have to be any space between them? Can they be butted up together? What if you do not want to spend the money? Ever?

In that case I would simply tell her that you cannot afford it and that you will get to it when you can get to it.

Why does she expect you guys to pay for 50% of it?

If the fence is to be placed ON the property line and your houses are right next to each other, side by side and only 1 side of 'her' fence would be shared with your yard (My fence is a square, bordered on all 3 sides by other neighbors, the front is all ours) the most you would be responsible for is 25%, IMO.

~If you don't have the money, then you don't have the money...and if it is NOT something that you would pick style wise (and price wise) tell her so, she is more than welcome to set her fence back an inch or 2 so it is ALL hers and she can get the 'perfect fence' she is after!

If she is putting up a fence on her property line she can get what she wants but if you are putting up a fence on your property line you get what you want. Either way neither of you have a real say about what the other does on his or her property. There may be ordinances in place regulating the height of the fence and that would probably be the only thing I would concern myself with. Your neighbor sounds rude to me. As for the bushes. I would probably plant some kind of low shrub with huge thorns to try to deter her pooch from making his way to my yard.

Emerson said it well, "Good fences make good neighbors."

Flat out tell her no way, family budget is tight. She will have to hire a land surveyor ($200+) to see where the property lines are. Her dogs keeps coming through the fence, patch up the fence on your side.

I went through something similar with my neighbors a couple of years ago. We have a "shared" green cyclone fence and she wanted to replace it. I said go for it at your own expense. The poles are in my yard, fence is in hers. She also wanted to put up a privacy fence, which in the city of Warren, you have to have your neighbors in agreement, and pull permits. I said no because it would be blocking my view of exiting our driveway (might end up hitting some child.) After she found out the permit alone is $600, she dropped the idea really fast.