What would you do - a neigbor / fence issue

[Sleepingbooty]

So here's the story: We own a house with a fence. My parents owned the house before us and put up the fence about 20 years ago. About 10 or 12 years ago, they replaced all the pickets. There are two houses behind us who back up to the fence (we have a double lot). When they moved in years ago and put their own fences up, our (at the time, my parents) fence had already been in place for a number of years and they tied into it. They did not ask my parents for permission nor offer any kind of compensation. That always bothered my dad, but my mom asked him not to say anything.

Flash forward - there are a few repairs that need to be done. Partly due to age, but also because my neighbor's dogs, who jump up against the fence all the time (and their young boys, who used to climb over it quite a bit to get over to our house to play). So as we are looking at it together, my neighbor offers to help my husband repair it this weekend. He said, "I've got plenty of screws, just have Scott get the wood."

For some reason, this is just burning me up! I feel like he ought to split the cost of repairs. I think he SHOULD have offered my parents something in the first place to tie into it, but he didn't. The very least he could do is help to maintain it. Right? Or not?

Maybe I'm wrong. But if you think I'm right, how would you handle this tactfully?

 

[Disney Doll]

I agree with you that it would be nice if he offered to split the cost of repairing the fence, but, if the fence is technically yours, which it is, then if he didn't offer I would just fix it.

 

[tileman]

Well I would just get the wood and be done with it cause good fences make good neighbors.

I to would get mad about the (just have Scott get the wood) thing to but I have been in bad with a few neighbors long ago and said never again unless its worth it.

We live on 10 acres of land 6 are fenced in with cattle fence the neighbor
tied into ours a few yrs back to make a place for his goats like 3 of them.

Was I mad well yes and no so I watch the goats every now and then and say what the heck

On a diff note were we live we have to take care of the road. There are about 14 house out here we just got a bunch of road base to fix the road.

We sent out letters asking for money it was 275.00 per load only like 8 neighbors payed up. But I have to drive on the road so we take care of it.

Ron.

 

[Sleepingbooty]

I agree with you that it would be nice if he offered to split the cost of repairing the fence, but, if the fence is technically yours, which it is, then if he didn't offer I would just fix it.

Yes, it is techically ours. And we will fix it, even though he didn't offer to help pay. I just wonder if it would be worth it to ask him to pony up, or just get over it.

Well I would just get the wood and be done with it cause good fences make good neighbors.

I to would get mad about the (just have Scott get the wood) thing to but I have been in bad with a few neighbors long ago and said never again unless its worth it.

This is a good point. I'm guessing you would advise NOT going with my dad's suggestion of telling him we are just going to let it fall down and put up an electric fence. Then he'll have to put up his own back fence

 

[tileman]

This is a good point. I'm guessing you would advise NOT going with my dad's suggestion of telling him we are just going to let it fall down and put up an electric fence. Then he'll have to put up his own back fence

I like it LOL but no just fix it and move on

Now if his kids rip it apart after you fix it then its a new game in it self
Then he gets the wood and you stick the screws to him

Ron.

 

[3boymthr]

This is a good point. I'm guessing you would advise NOT going with my dad's suggestion of telling him we are just going to let it fall down and put up an electric fence. Then he'll have to put up his own back fence

Oohhh

Or you could just tell him thinking you're going to take it down and not replace it at all since it's going to cost so much to replace all the wood and since you have such good neighbors you don't see the need for a fence. Then see what happens.

Really, think about it this way at least he is offering to help fix it. That's half your cost if you have to hire someone. And he is offering to help with the cost at least a little if he's offering up the screws. Ask him to bring the beer though.

 

[disbridemimi]

I hate to be the lone dissenter here, but honestly, it is your fence. He has no obligation to fix or help fix it, so I think he is being really nice to try. And unless he is a mind reader, I cannot imagine him even thinking he may have to contribute at all.

Would you ask his permission to take it down if you wanted it down? Probably not.

If it is that much trouble, remove the fence!

 

[Marymom]

I remember my brother's neighbor put up a fence and then sent her three surrounding neighbors a letter requesting 1/2 of her cost. I thought that was totally out of line and apparantly her neighbors did too. She was not reimbursed. Who wants a fence on 1/3 of their property with no say so on what kind it is? and you most likely have gotten stuck with the "ugly" side. I don't think you should expect reimbursement for a tie in. You have a neighbor who, at least, is willing to take the time to help... he sounds like a keeper!

Mary

 

[Wishing on a star]

Fences were a hotly debated issue here on the DIS not too long ago...

Anyhow, Something tells me that it is the money, and not the shared fence, that really bothers you. If that is the case, I would LET IT GO.

If the fencing itself is an issue, then you need to see what regulations are in your neighborhood.

Is the fence 'on the line', or did your dad leave a little easement?

If it is on the line, then, technically, your neighbors had/have every right to tie into something that actually is on/touching their property. There are different laws in different jurisdictions.... around here, I believe it is unlawful to construct any permanent/semi-permanent structure on a property line. A small easement should be left to allow for access/repairs/etc.... In some other areas, I imagine where lot sizes are small, sharing fences is common/legal. You just need to know the legalities for where you live.

If it is not 'on the line', then technically, your neighbors have illegally trespassed and done something on YOUR property when they tied into your fence.

Second - At this point, no matter the logistics of the fence, I think it is a huge, huge, stretch to expect a neighbor to pay to repair an older existing fence that was put up by you guys years ago. Your family put up the fence... I am assuming that it is on your property... And it is your responsibility.

If you don't want the neighbor to tie into your fence... allow his dogs and children to batter your fence, etc... etc... then instead of just repairing the fence... I would take this opportunity to move it in a little ways so that it is not 'on the line' and is clearly on YOUR property. If the neighbor wants to fence in his dogs and children, then he can put up that line of fence on his own property.

Something tells me that it is the money, and not the shared fence, that really bothers you. If that is the case, I would LET IT GO. A little money is not worth the drama/war with neighbors.

If the fencing itself is an issue, then you need to see what regulations are in your neighborhood.

 

[The Mystery Machine]

WWID? I would fix my fence. Stuff like that does not bother me.

Now if the neighbors deliberately damaged my fence, I would expect compensation. Sounds like you just have wear and tear on an old fence.

He offered his help and that sounds great.

 

[justhat]

I never get it when people think a neighbor should pay for part of their fence. Maybe it is regional or something but I have really never heard of that, other than a few people on this board.

If I want a fence up, then I will choose the fence I want and put it around the edge of my property. Who is to say the neighbors even like that style of fence? Unless they were consulted before selecting a fence, I don't see why they should have to pay for it. I totally get them attaching onto your existing fence because it would be stupid to put up an additional wall where there is already one in place, even though it may seem like they are getting something free (which they are, but like I said, it would look weird to have a duplicate fence on the other side). Plus, even if they don't like the style of fence (say they wanted chain link), they are now pretty much stuck with picket as it would look silly to have two totally different styles in one yard.

Now if your neighbors were the sole cause of the fence deterioration then I would ask them to chip in for the repairs, but it doesn't sound like that is the case. I would just be happy he offered to help as it will take some time out of the job for your husband.

 

[Mickey's Minion]

I hate to be the lone dissenter here, but honestly, it is your fence. He has no obligation to fix or help fix it, so I think he is being really nice to try. And unless he is a mind reader, I cannot imagine him even thinking he may have to contribute at all.

Would you ask his permission to take it down if you wanted it down? Probably not.

If it is that much trouble, remove the fence!

And remember - the minute he pays for part of the fence, he assumes part ownership. So, as mentioned above, whenever you want to do something with the fence, you would have to ask his permission to do anything with it as he is now part owner.

I would just fix it myself and retain full ownership of it.

Also, is the fence on the property line? Were your parents upset about the tie-in because you had property on the other side of the fence and it was now his backyard?

If it is not on the property line and you have some property on the other side of the fence, as old as it is, you may have passed or about to bump into adverse possession limits and any property that was yours on the neighbor's side of the fence is or will be theirs soon.

As for moving the fence farther into your property, if you do that, make sure you have enough room to maintain the other side of the fence and also send an initial certified letter and periodic letters over the years stating that you are not granting an easement to the neighbor. This will save you adverse possession headaches in the future.

 

[Wishing on a star]

If it is not on the property line and you have some property on the other side of the fence, as old as it is, you may have passed or about to bump into adverse possession limits and any property that was yours on the neighbor's side of the fence is or will be theirs soon.

Yes, I didn't mention this, but it is true.... When somebody can show that they have been given rights to property over a given amount of time, then then legally, it can be shown that this property was ceded/abandoned and laws about domain can kick in.

Personally, I would make sure that the fence is well within (not 'ON', but well within, like 24") YOUR property line....

If it is already, then let the neighbors know that that the two of you have talked about it, and you need to ask them to 'un-tie' their fence.

Good fences make good neighbors, only when the property owner has their own fence on their own property and there are no fence disputes!!!

 

[Sleepingbooty]

I hate to be the lone dissenter here, but honestly, it is your fence. He has no obligation to fix or help fix it, so I think he is being really nice to try. And unless he is a mind reader, I cannot imagine him even thinking he may have to contribute at all.

Would you ask his permission to take it down if you wanted it down? Probably not.

If it is that much trouble, remove the fence!

Maybe not an obligation, but since his dogs / kids are causing the damage (with an allowance for age) should he not be somewhat liable?

I remember my brother's neighbor put up a fence and then sent her three surrounding neighbors a letter requesting 1/2 of her cost. I thought that was totally out of line and apparantly her neighbors did too. She was not reimbursed. Who wants a fence on 1/3 of their property with no say so on what kind it is? and you most likely have gotten stuck with the "ugly" side. I don't think you should expect reimbursement for a tie in. You have a neighbor who, at least, is willing to take the time to help... he sounds like a keeper!

Mary

I don't expect any reimbursement for the original install, because my parents paid for it when they owned it, not I. I guess the idea is, that when you tie in to an existing fence, you are saving quite a bit of money (about 30% in this case), so you should offer something to the neighbor whose fence you are using as your third side. And, the "nice" side is on the outside, so they get to look at the nice side of our fence.

Is the fence 'on the line', or did your dad leave a little easement?

.........

Second - At this point, no matter the logistics of the fence, I think it is a huge, huge, stretch to expect a neighbor to pay to repair an older existing fence that was put up by you guys years ago. Your family put up the fence... I am assuming that it is on your property... And it is your responsibility.

If you don't want the neighbor to tie into your fence... allow his dogs and children to batter your fence, etc... etc... then instead of just repairing the fence... I would take this opportunity to move it in a little ways so that it is not 'on the line' and is clearly on YOUR property. If the neighbor wants to fence in his dogs and children, then he can put up that line of fence on his own property.

It is right on the property line - that is the law (or code?) in our area. You are not supposed to leave an easement between.

I never get it when people think a neighbor should pay for part of their fence. Maybe it is regional or something but I have really never heard of that, other than a few people on this board.

If I want a fence up, then I will choose the fence I want and put it around the edge of my property. Who is to say the neighbors even like that style of fence? Unless they were consulted before selecting a fence, I don't see why they should have to pay for it. I totally get them attaching onto your existing fence because it would be stupid to put up an additional wall where there is already one in place, even though it may seem like they are getting something free (which they are, but like I said, it would look weird to have a duplicate fence on the other side). Plus, even if they don't like the style of fence (say they wanted chain link), they are now pretty much stuck with picket as it would look silly to have two totally different styles in one yard.

Now if your neighbors were the sole cause of the fence deterioration then I would ask them to chip in for the repairs, but it doesn't sound like that is the case. I would just be happy he offered to help as it will take some time out of the job for your husband.

I'm not sure if this is something that is regional or not. Honestly, the first I ever heard of the notion of offering $$ to tie in was from my dad. He said it was 'common courtesy', and that in return for this courtesy he would have refused any money. But it bothered him that it was never offered. So in talking to other people, I've heard the same thing. But regional or not, it does seem to make sense.

Anyway, that really isn't the main point anymore. I didn't pay for the original fence, so its not my place to get indignant about something that should or shouldn't have happened 10 years ago.

My feeling is - this is HIS back fence now too (regardless of the fact that he didn't pay for it - he utilizes it as such). And that coupled with the fact that his dogs are a large factor in the damage makes me think that he ought to split the repair cost.

And its not about the $$. We can afford to do this repair. Its the principle.

 

[Kae]

People around here "tie" into fences all the time. Our was up first & both neighbors are "tied" in. Your neighbor offered to help, so take him up on it.

Kae

 

[justhat]

I'm not sure if this is something that is regional or not. Honestly, the first I ever heard of the notion of offering $$ to tie in was from my dad. He said it was 'common courtesy', and that in return for this courtesy he would have refused any money. But it bothered him that it was never offered. So in talking to other people, I've heard the same thing. But regional or not, it does seem to make sense.

My feeling is - this is HIS back fence now too (regardless of the fact that he didn't pay for it - he utilizes it as such). And that coupled with the fact that his dogs are a large factor in the damage makes me think that he ought to split the repair cost.

And its not about the $$. We can afford to do this repair. Its the principle.

But if it is also now his fence, shouldn't he get a say in it? Like what kind you get, what color, etc. That's what, to me, it doesn't make any sense that he have to pay for it. Now, if you were asking him to split a fence cost with you and both of you went to the store, agreed on a style, etc., then I can get that. But the fence is all your choosing. What if he were to take that wall down and replace all "his" fencing with chain link?

 

[Cruisin]

This idea of leaving up to 4 feet of space between neighboring fences is very foreign to me.

I'm having a hard time picturing such a thing as it is not done here.

Does anybody have any pictures they can post as to how this actually looks.

Seems a strange notion to have all these little alleyways of sorts between the yards.

 

[justhat]

This idea of leaving up to 4 feet of space between neighboring fences is very foreign to me.

I'm having a hard time picturing such a thing as it is not done here.

Does anybody have any pictures they can post as to how this actually looks.

Seems a strange notion to have all these little alleyways of sorts between the yards.

I live in DC and you can see that here. It's not particularly common as most people butt up to an alleyway (as in one you would drive on, not lttle grassy patches), but people without alleys often do it. I believe, from what I can guess when I look at them, is that it is personal preference. Once family has a wooden fence, the one behind it chain link. They can't really attach them since they are different styles so they leave a gap. Again though, not common. And pretty much all people here share side fences with neighbors. The 'yards', so to speak, are too small to cut into your property with a fence.

 

[Cruisin]

All I can picture are little dirt paths (because the grass probably wouldn't grow there anyways) like mazes running around all the properties.

 

[Sleepingbooty]

All I can picture are little dirt paths (because the grass probably wouldn't grow there anyways) like mazes running around all the properties.

Exactly. I'm sure thats why the authorities don't want that done here. And also to avoid adverse posession as someone mentioned earlier.

Well, I am glad to get all these differering opinions. It helps me to imagine what his thinking or his response might be if we broached the subject with him.