Need advice - fence etiquette

[bellarella]

I think it depends on the type of neighborhood. If the neighborhood is one in which fences are mandatory (as they are in many CA neighborhoods), I think it is pretty much standard practice for neighbors to split the cost of shared fences -- these fences have no "right" or "wrong" side; they are the same on both sides. Generally, the fences all got put up at the same time, so they all wear out at the same time and there is often a domino effect. Once one neighbor starts replacing, adjoining neighbors do their whole fence as well (since many fence installers offer discounts for doing several homes at once).

If it is a neighborhood where fences are optional (as it seems most in the mid-west are), I don't think there is any obligation.

 

[writersblock42]

My neighbor is putting in a fence and talked to us about it the other day. I certainly hope that he wasn't trying to get money out of us. I thought he was just letting us know about the area between the houses and who owns it. He always mows an area bigger than his yard so I hope he knows where to put his fence as he is doing it himself.
I have heard of splitting the cost of a fence, but only if both people are putting up a fence. In some neighborhoods, fences are really frowned upon. My neighbor is putting up a chain link fence. I think that they look a little tacky so what are the rules about growing like some bushes or flowers that kind of grow up on the fence?

 

[jessica52877]

Wow! I amm almost 30 and learn something new everyday from you guys! Thanks!

I wanted to say, NO, I feel you have no responsibility for paying for a fence that you did not decide to build, if you don't want it there, there is nothing you can do, so I feel no obligation what so ever.

Here in GA, atleast our county it has to be either 6 inches or a foot into your property. Interestingly enough, I wonder what neighbors do where both want a fence.

I could see in CA where you would split the cost in the example above of fences being mandatory.

 

[pbharris4]

You should not pay anything. Most subdivisions in VA have Covenants within the neighborhood (i.e. no polka dot houses, no huge RVs within eyesight-meaning you can have them but they need to be tucked away, no junk cars, no tons of debris from fallen trees, all dogs fenced or leashed, etc.) Another one is: All fences must be set no less than 2 feet from your property line etc etc etc.

They do this so that my picket fence isn't tied into some crappy put together fence that a neighbor built. My neighbor is shopping around for a fence and nonchalantly said "We're just going to tie it into your fence." So I told her she couldn't because of the covenants and her fence was going to be on MY property. I didn't pay $4500 for a fence so they could get one cheaper by tying into mine! And we're still friends. Besides...most fence builders around her won't do it because they know the rules and don't want to lose business. When the house is sold it can also become an issue. But that's here and it may be different where you are.

Something else to think about (not related, but kind of since your neighbor seems like they'd make you pay): If you have any dead trees that might fall on his proprty or house (or fence when he gets it) cut them down ASAP. If a dead tree falls from your property onto his according to insurance..you are responsible (because you should have cut a dead tree down). BUT if it's a LIVE tree from your property and say a Tropical Storm, or bad T-storm hits and it hits his house..you are NOT responsbile. (Happened to us..and it was the same neighbor. I'm lucky to have good neighbors.)

Hope it works out for you!!

 

[hornedfrog]

Our backyard is fenced. We have had storms/tornadoes in the past couple of years that have knocked down all three sides of that fence at various times. Each time we have split the cost with the relevant neighbor to have it repaired. One guy did the work himself (we both paid 1/2 of the materials). Another hired someone to do it and we split the cost. On the third, my DH did the work and that neighbor insisted on paying 2/3 of the cost of the materials to 'compensate' for the labor. We wanted to split it, but she insisted.

I have had family members, friends, other neighbors, etc. who have been in similar situations and it is definitely the custom here to split the cost of fence repair. But our backyards are almost always fenced in urban areas, so I couldn't say what would happen if somone wanted to construct a new fence.

In your situation, I would probably not offer to pay and probably also not split the cost if asked, since you do not want the fence. However, in the future if you ever want to fence your backyard, you should offer compensation for using that fence.

 

[Davidsmommy]

Our fence was here when we moved in 9 years ago. It is clearly our fence.

My neighbor did ask to build his fence up to ours, and we said sure.

We had a storm last year that knocked out the side of the fence that was on his side. I would never have dreamed of asking him to pay for part of the fence repair. It is MY fence, ynwim? I had it first.

He did, however, go out and put it back up (not for good, but like set it up so our dogs couldn't get over to each other's lawn in the meantime lol) which was really nice - but our insurance paid for when the fence guy actually rebuilt it.

 

[mandysbus]

we are currently having a problem with our neighbor and our fence. Our properties are set up that the houses are out front streetside, yards in the middle and garages out back. The fence between our yards has been there for many many years, is connected to our house and garage and is on the deed as ours.

Our new neighbors moved in last summer and have been talking about having the fence replaced (apparently never mind that it is our fence, they just sort of ignore that fact when it is brought up). And let me say that these have been considerably less than perfect neighbors (lets just say that in less than a year they have managed to upset most of the people on our street and the local police dept). They do lots of things without a thought in their heads (no common sense to share amongst them).

Up until now nothing had been done either way about the fence (just them attaching chicken wire or some such to their side of the fence to keep all their little tiny dogs from climbing through the original fence). But now our wonderful neighbor has decided to cut down the huge chestnut tree in their yard (we live right in town and houses and properties are very close together). This tree is taller than a two story house, quite a big old tree.

He is doing it himself (keep in mind my comment about lacking in sense). He has himself a couple beers and climbs on up and starts chainsawing off branches. Needless to say, the fence is now smashed up pretty good (including my flowers)...we even have a little video of a huge branch falling on the fence. And now the last big branch on the tree is overhanging our garage....which I'm sure will make another interesting story once he works up the nerve to mess with it again because I'm pretty sure our garage roof will not take the weight of a huge branch falling on it if thats what he thinks he's going to do.

I guess what I'm getting to is that we are not sure what to do. They should be responsible for replacing our perfectly serviceable fence that they killed but someone else told us that if they were to replace the fence, that they could possibly take possesion of the fence. And there is a walkway between our houses (theirs) and they want to put a gate across from the corner of their house to the fence, which would be annoying for us as the fence is connected to our house and already makes lots of noise when they move their makeshift blockade

 

[bevtoy]

My (subdivision) neighbor has mentioned twice that they are putting up a fence. He has not asked for money, but I'm thinking he is wanting an offer from us.

I've always heard that the expectation is neighbors split the cost of the fence between their properties. However, I hate the idea that I will have to fork over money for something I don't want/need because someone else want/needs it. ...But I also don't want to cause problems with our neighbors.

What do you feel the appropriate thing to do is?

We only pay for half the fence if we connect a fence to the neighbors.

 

[LisaNJ25]

I live in a neigborhood where most houses have fences.. I have never seen anyone split the bill.If you have your up first usually the neighbor cpnnects tp it int he fron and back of their yard. I do know.. and I though it was a "fence law" that the nicer side it always on the outside.

 

[cats mom]

Sounds like it very much depends on where you are and local custom.

We're out west too and it's common practice for the fence to be part of the package when you buy a new house ie: the builder puts it up. So if/when it needs to be replaced the expectation is that the cost is split. We have done that several times in the past, the tough part is getting everyone onboard at the same time.

 

[bumbershoot]

Well, I have NO idea what the custom is here. And I'm not directly involved. And the nonsense of it all is that it's a set of *condos* (though the builder advertised them as townhouses...then at closing, with each owner, plunked down "condo association" information...silly them, they all continued to sign despite the expectation of buying a townhouse), and they haven't yet dissolved the condo association and gotten property lines drawn (have been working for almost a year with a real estate attorney).

BUT. Our landlady (we are the only renters) promised us a fence, b/c of our rambunctious two year old. She was our apartment manager for 3 years, and had seen DS grow up. We didn't get it in writing, but since the backyard allows access to everywhere, a fence is a good idea.

We're about to give notice that we're not signing another lease (so it's been 11 months), and she's NOW getting serious about a fence.

And yes, she called the neighbor that it would impact (picture two two-story buildings, each one like a duplex with one "house" on one side and one on the other...now try to imagine how those could be condos ), and is actively trying to get that neighbor to go in on the fence.

She really thinks that neighbor should pay. It's not going to happen, that neighbor is livid (although I will say our landlady has been trying to contact her for a YEAR about it), but I think my landlady is going to put it in anyway.

Glad I'll be out of here when that happens (you know, since it's a CONDO and no one owns any property anyway, despite everyone's expectations until their closing), but I did want to put in a mention of *there are people who mention it in order to hint for payment*...

 

[Steven41782]

This topic was interesting to because we are getting a fence put up in late May. We have one neighbor with a fence and and the other neighbor has no fence. We talked to the neighbor with a fence and got the okay to connect to their fence. I haven't said anything to the other neighbor, but maybe I should. After reading this thread, I'm wondering if I should have someone come out and survey my property and mark borders....

-Steven

 

[snowy76]

After reading this thread, I'm wondering if I should have someone come out and survey my property and mark borders....

That's never a bad idea. When we put an offer on our house, our attorney discovered our neighbors-to-be had put a fence on our property! We wouldn't close until the old owners of our house and the neighbors settled the issue because we did not want to start our life in that neighborhood in a dispute!

Unfortunately, after they had another survey done to see who was right, the people who owned our house hired someone to come and cut down the neighbor's fence AT THE POSTS! So it wasn't even like the neighbors could repostition the fence in the right spot - the posts were chopped right off at the ground. We felt awful because they were out so much money. Still, we had to cover ourselves before buying that property and we're glad there was another survey done before we closed... now we're sure of where the property lines are.

 

[sk!mom]

Well, you obviously live in an area where not everyone has fences.

Where we are in CA, all the homes have fences, so when one needs to be replaced, usually one neighbot takes the lead, gets the estimates, okays it with the neighbor, and then it is done. Each pays half of the fence that divides their property.

In your case, I don't know why you would need to help financially.

Julia

Where we live this is how it usually works as well. Our fence is actually shared by three neighbors. The back of our fence is also the back of our neighbors and the same on both sides. It really needed to be replaced 6 or 7 years ago. Two of our neighbors were thrilled that DH took the initiative and was going to do the work himself so they both gladly paid for half of the cost for the side they shared. The neighbor on the other side was not interested and so we paid the full amount for that side.

Now in an area where fences are not the norm and if you do not want a fence and do not intend to fence the rest of your yard, then I would just let him go ahead and would not offer to pay.

 

[pbharris4]

At my old house my former neighbor put up a nice picket fence. The guy behind me did as well. The guy next to me had nothing and we didn't either. We sold the house about 4 yrs ago. Drove by a few days ago and what has happened? The guy who bought my house tied into both fences and added his own touch so there is one side picket fence (courtesy of the neighbor, the back..same thing, the one side barbed wire fence and on the front....and I have NO idea why....6ft pointed privacy fence! It's hideous (along with the royal blue door, shutters and painted mailbox to match.

 

[aprilgail2]

Never heard of splitting the cost unless you both decided at the same time to do it. Also check the rules around here fences DO NOT go on the property lines they must be set in so many inches onto their property. They also are to be put up with the attractive side toward you and they maintain the fence and are responsible for trimming around it even on your side.

Around here they go on the property line and most of the time the neighbor splits it with you, we split the back with the people behind us and the right side with the people on that side but the left side we paid for ourselves, and we also have the good side of the fence. No way am I paying to put up a fence so my neighbor can getthe good side, that is nuts. In our town you put up the fence you get the good side.

 

[seashoreCM]

I say, if a neighbor wishes to erect a fence, then you do not have to contribute to the cost and he must put the better looking side facing you. Your neighbor does not even have to tell you.

If you have to put your fence inside your property line and the neighbor later wants to add a fence continuing further on, then he has to put his fence on his side of the property line. I don't see anything wrong with his adding a short jog to connect the two where they almost meet.

>>> ... And the nonsense of it all is that it's a set of *condos* (though the builder advertised them as townhouses...then at closing, with each owner, plunked down "condo association" information...

OT: Most townhouses (physically) "are" condo's (legally) or "are" cooperatives (legally). In some states, if you are not given the "condo documents" by the seller prior to the signing of the purchase and sales agreement, you can renege on the purchase.

Disney hints: http://members.aol.com/ajaynejr/disney.htm

 

[krcit]

We put up a nice PVC fence last year and did not ask the neighbors to split the cost b/c it was our idea to get a new fence. The fence is shared by the neighbors behind us and the neighbors to the left. Our garage seperates our yard from the other neighbors(on the right) Last year, those neighborsa came to us and aked us to split the cost of a fence along the side of our garage We politely declined-why would we pay for a fence that we neither need or see

 

[Pumbaa_]

we are currently having a problem with our neighbor and our fence. Our properties are set up that the houses are out front streetside, yards in the middle and garages out back. The fence between our yards has been there for many many years, is connected to our house and garage and is on the deed as ours.

Our new neighbors moved in last summer and have been talking about having the fence replaced (apparently never mind that it is our fence, they just sort of ignore that fact when it is brought up). And let me say that these have been considerably less than perfect neighbors (lets just say that in less than a year they have managed to upset most of the people on our street and the local police dept). They do lots of things without a thought in their heads (no common sense to share amongst them).

Up until now nothing had been done either way about the fence (just them attaching chicken wire or some such to their side of the fence to keep all their little tiny dogs from climbing through the original fence). But now our wonderful neighbor has decided to cut down the huge chestnut tree in their yard (we live right in town and houses and properties are very close together). This tree is taller than a two story house, quite a big old tree.

He is doing it himself (keep in mind my comment about lacking in sense). He has himself a couple beers and climbs on up and starts chainsawing off branches. Needless to say, the fence is now smashed up pretty good (including my flowers)...we even have a little video of a huge branch falling on the fence. And now the last big branch on the tree is overhanging our garage....which I'm sure will make another interesting story once he works up the nerve to mess with it again because I'm pretty sure our garage roof will not take the weight of a huge branch falling on it if thats what he thinks he's going to do.

I guess what I'm getting to is that we are not sure what to do. They should be responsible for replacing our perfectly serviceable fence that they killed but someone else told us that if they were to replace the fence, that they could possibly take possesion of the fence. And there is a walkway between our houses (theirs) and they want to put a gate across from the corner of their house to the fence, which would be annoying for us as the fence is connected to our house and already makes lots of noise when they move their makeshift blockade

would call the police and make a report about the damage. This way if you end up taking them to small claims court, there is a record of what occurred.

Good luck!

 

[Adi12982]

I would have taken them telling you as a cortesy on their part and them wanting to get you to allow them to come onto your land to put up their fence. I would definately NOT chip in for it, unless it is something you were planing on putting up yourself - even then, I wouldn't expect my neighbor to chip in!