Replacing fence-long

[bootleg89]

Hi, I'm hoping you can give me some info.
My DH and I want to replace the fence between our house and one of our neighbors house. I told my DH that since the post of the fence were on our side, it ment it was our fence and we had to pay for it ourselves. He wasn't thrilled about it since you can clearly see his kids had a lot to do with the need for replacing the fence in the first place.
So that put aside I am wondering whether we should also replace the one piece of fence that makes his yard enclosed?
The fence runs the lengtrh of our yards, then at the front has one piece that goes left to enclose his yard and one piece with a door that goes right to enclose my yard.
We currently have a smaller wood fence, but I want to replace it with a privacy wood fence. The thing is that his section of the fence isn't even in the ground. You can literally pick the whole slab of wood up- if your strong enough.
Now I now that the fence is going to be a different type of fence, but given the situation and the fact that we are paying for the whole fence to be replaced ourselves I don't think we should have to pay for the one slab that encloses his yard. I wanted to see if any one know whether we were required to replace that? Thanks for your help.

 

[amamax2]

Have you spoken to your neighbor about the need to replace the fence?

In our neighborhood, we all "understand' that both houses that are separated by the fence own the fence, and if a section needs to be replaced, the one homeowner talks to the other and works out a sharing of the cost. I've not heard of anyone balking at splitting the costs. The gates and areas that are specific to each house is owned by that particular house.

If your neighbor does refuse (for whatever reason), I definitely do not think you need to replace the section that is clearly only his.

 

[disykat]

I agree that it is your fence. However, if it is clear you are having to replace it because of damage the neighbor (his kids) did to your fence, he should be kicking in money. There is NO WAY you are liable for replacing his fence that is on his property just because it butts up to yours.

 

[bettymae1121]

Around here who ever put up the fence owns the fence (the posts rest on the edge of the owners property). When the owner sells the house, the new owner gets ownership of the fence.

Given the fence posts are on your land, you almost certainly own the fence and can take it down or replace it as you see fit - in accordance to any HOA rules or city ordenances, of course. You don't need your neighbors approval or permision (though a friendly heads up about the upcomming project is always a good idea).

As for who pays, around here the owner would normally pay if they just wanted to replace it due to age or on a whim, but given the damage to the fence, I'm not sure how that would work. That has the potential of getting messy, with the potential of it landing in small claims court if you wanted to really push your rights, or as a possible homeowners insurance claim.

 

[Disneychix]

Personally, I think if you replaced the whole fence, didn't have a conversation with him about it at all, and then did not replace the part that connects to his yard, that would be wrong.
I understand that part of the fence isn't even working, but you better make sure that you put it back the way you found it if you won't be replacing it.

I would just tell him you are replacing the fence and if he wants that part replaced he can talk with the fence people you hired or get quotes on his own.

 

[ohlas]

most areas if it on your side of the fence hehe land its your fence and your right to fix it or tear it down...

unless you have an assoication and then there maybe rules (bi-laws) on fences

I would talk to the nebor first but if the fence is on your land it yours.... and your problem

 

[msmayor]

The key is really knowing exactly where the fence lies...inside or on your property line.

When we had our fence put up, we were told that if any part of the fence is ON the property line, then the side that faces our neighbor's house is technically his to do what he wants with...because its ON his property line. He can paint it, hang flowers on the posts, or let his kids gouge it up, because that 'part' of the fence is on his property.

It was suggested to us that if we really want to control what happens to the fence, we need to install it slightly INSIDE our property line, to make sure the entire fence (including the outside facing our neighbor's property) is ON our side of the line. We sacrifice about 4 inches of property to maintain control over our fence. This also means that legally, no other neighbor can "tie in" to our fence...meaning they can't attach their fence to ours without our permission, because then they would be "in" our yard. Fence ON the property line? Then neighbors can tie in at will.

Now, that being said, we have been blessed with wonderful neighbors who have been very mindful of the care and keeping of the fence, and ensure that nothing they do can affect the integrity of the wood. They even welcomed a gate along the back so we can freely go from house to house for visits.

 

[phred52]

Had to do this once. Our fence went directly from the corner of my house to the corner of the neighbors garage. Started on our property, half way across it went onto their property. The fence had seen better days.

Neighbor was agreeable to replacing, we'd split the cost and each pay half.

A few days before it was replaced, he rang the doorbell, obviously nervous. Older gentleman, lived there 30+ years. You see, the fence poles were on HIS side of the fence, running directly along his driveway. Fence was along the far side of my back yard. He asked if I'd consider putting the poles on MY side of the fence. He wished to have the 'good' side of that fence on his side.

You know what?? I didn't care one bit where those poles were placed, and it was important to him. So we reversed it when it was replaced. I am glad he spoke up. What's important to one person may not even be on the radar of another.

 

[auralia]

If I were your neighbor i would gladly pay for that small section of fence for my yard... but if i couldn't afford it i'd ask to do payments (i realize a small piece is cheap but maybe he had some bills come up so you could offer this)... he is under no obligation to pay that section or allow you to fix it since it is on his property but if he is a reasonable person i don't see why he wouldn't.... we had to get a fence this last year because 2 new neighbors have rottwhilers andi have a 2 year old daughter and they were MEAN dogs... 3000$ i was so mad and of course they didn't chip in anything ... they were renters though but it was worth it to keep my daughter safe

 

[Pakey]

Where we are, the fences all sit on the property line. We bought a rental property last year and our insurance company required us to replace the fence. We asked the neighbors (there are 3, to the left, back and to the right) and only the neighbors on the right were willing to share the cost for that one side.

We only replaced the portion that had to do with our property; we didn't feel obligated to finish off for the neighbors who were unwilling to contribute to the new fence. For the neighbors that shared, we did finish off theirs too (they paid for half of the materials; we paid the other half and supplied 100% of the labor).

 

[disneymarie]

I want to replace it with a privacy wood fence. The thing is that his section of the fence isn't even in the ground. You can literally pick the whole slab of wood up- if your strong enough.
Now I now that the fence is going to be a different type of fence, but given the situation and the fact that we are paying for the whole fence to be replaced ourselves I don't think we should have to pay for the one slab that encloses his yard. I wanted to see if any one know whether we were required to replace that? Thanks for your help.

If you are putting up a new fence the best thing is what most communities ask, to survey. That way you can tear down the fence on your side, if he wishes to replace the side on his, then give him the option to pay for his portion. Never do any work on land you do not own.
I would chat and mention as the fence is aging and you will be putting up a privacy fence for the look you desire, would he have any thought to the extension area. Let him decide.

But for the aggrivation and legal implacations PLEASE have the property line surveyed.

 

[lovesmurfs]

Our city requires fencing to be 2 feet inside the property line (making it my responsibility if it's on our property).

I would contact a fencing company and get a quote for the replacement of the fence, and ask them to include a separate quote for the cost of replacing the neighbor's fence (they may need to talk to the neighbor for permission to quote). To install, they would need an official blueprint of your property (I know there's a name for it, but I can't remember what it's called....).

 

[Hannathy]

Our town requires fences be so many inches inside the property line and the "unattractive side must be facing in or the yard of the person putting it up. Are you sure it is on the line?

I would replace the fence the way you want and give your neighbor all the info on the type of fence and place you are buying it from so he can buy the piece for his property or not what ever he wants.