What would you do - a neigbor / fence issue

[Carly_Roach]

Years and years ago (in the early 90's) I bought a house with a small picket fence on one side of the front yard. About two years into owning the home the crazy cat lady next door and I got into a dispute about something or other (I don't remember what it was any more) and she mentioned that my fence was 3 inches over on her property and I should move it.

My response to her was that I didn't like that fence, I never liked that fence, and if she pushed it (called the city) then I'd pay to have it completely removed right away. That never happened. She realized that her flower garden had climbing vines all over that old fence they would all be ripped out when I had the fence removed. There was also the consideration that, when I mowed my yard, I might accidently hit some of her precious weeds...I mean flowers.

It was still up when I sold that house over 11 years ago. I believe it's still there to this day.

When it comes to fence issues, you may want to consider what may happen should you decide to remove the fence. If the fence is something that you enjoy and want to preserve, then the neighbor's feelings about it or whether or not they'll pay to help you replace it shouldn't even enter into the question.

On a side note: It's always been my experience that whenever someone says it's the principle of the thing, it's usually the money. YMMV.

Fix your fence and let it go. It's not worth the headache, heartache and bad feelings amongst neighbors.

 

[MushyMushy]

I think your fence is your own responsibility. It sounds like it's been there a while and it's suffering from some normal wear and tear. Also, you have kids, so are you sure they aren't hanging on it or climbing it as well?

And really, your parents are the ones who allowed all this to happen in the first place. They are the ones who set up the expectation that all of this tying in business is fine. If it was such a big issue, it should have been brought up when you bought the house.

 

[The Mystery Machine]

I think your fence is your own responsibility. It sounds like it's been there a while and it's suffering from some normal wear and tear. Also, you have kids, so are you sure they aren't hanging on it or climbing it as well?

And really, your parents are the ones who allowed all this to happen in the first place. They are the ones who set up the expectation that all of this tying in business is fine. If it was such a big issue, it should have been brought up when you bought the house.

Technically the mom and dad may have gotten some money from the neighbor's at the time of tie in. However they did not speak up or do anything.

As Mushy said, your parents gave them the "OK" by doing nothing.

 

[Allison]

It's your fence. The neighbor has no obligation/responsibility to help pay for it.

 

[wdwfan16]

I would gladly buy the wood if he is going to help with the labor. It is your fence and you would have had to do the materials and labor all on your own.

 

[sue1013]

I'm wondering how much damage the neighbor dogs and kids did to the fence since you said it's been 10 or 12 years ago that your parents replaced the pickets. I would expect to have to replace the pickets after that length of time with normal wear and tear not damaged by someone. We have a wooden fence I think 10 years would be normal maintenance I know DH has replaced ours a couple times. I think the cold winters, snow and ice really affect the wear on a wooden fence.

 

[JoanGirardi]

I'm a big fan of retaining full ownership of your fence, in case you want to make a change down the line. When we moved into our house we heard from the neighbors on both sides about how they were unhappy when the fence was put up, both by the placement and that the previous owners had tried to get the neighbors to help pay for the fence (they declined). Flash forward to us, and a few years into our ownership. We tore down the wooden privacy fence and put in chain link. We made sure to put the whole thing on our property, and reclaimed a side of our house that had been outside the old fence line. Neither neighbor had a say in what we wanted to do with our own fence on our own property, and that's the way it should be, in my opinion. Were they happy with our changes? One was, one wasn't. Were we happy with our new fence? Thrilled!

 

[Nancyg56]

I would not expect the neighbor to help pay for materials to repair the fence. I think most folks believe their fence is a benefit to the neighbors and that normally it may be, but not always. My DH hates fences. I mean he detests fenced-in yards. Two of my neighbors have discussed that they would like to fence in their yards and asked me how I felt about it. Translation: did I want to split the cost of the fence on my property line? We would never try to stop anyone from fencing their yard but there is no way my DH would ever pay to build or repair a fence.

 

[Wishing on a star]

My answers to you are in your quote here.

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

NOPE!!!! NOT at all, the fence is ON their property line, they, their children, their dogs, have every right to use/touch/tie-in whatever.... If your dad was so afraid to give up a few inches of property that he installed this thing on their property line.... to bad.... Your dad's fence does not impede their rights on THEIR property. Your dad's/your action of putting up a fence does not present any financial obligation to them. You are wrong. You can hold a grudge and get all worked up on 'principal', or you can get over it and get on with it.... Personally, I would move the fence in a bit. If it has been there that long.... then just take the thing down for a while, forcing him to fence in his dogs, and then rebuild a new one... sounds like it might be time.


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.

If it is ON the line, they have every right to use it....

I simply do NOT believe that any code would dictate that anything must be constructed right on the line.....



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.

As you can see, most here do not agree..... It is your fence, it was there before he moved in... IMHO, you are wrong.

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

 

[mjkacmom]

If the fence is on the property line, he had no choice but to tie into your fence, or lose some of his property by putting a fence a few feet in. Maybe he didn't like the style of your fence, but again, really had no choice but to go with it. It's a PITA having 2 fences a few feet from each other, with maintaining and landscaping (stuff growing in between).

 

[Abbie]

I'm a big fan of retaining full ownership of your fence, in case you want to make a change down the line.

I agree with this thought.

OP, I totally get your thinking and I agree with your Dad, that it would have been the "right" thing to do to, at least as a courtesy, to ask before tying into your (his) fence. But that is long-ago and between the neighbors and your parents, it's not your fight. If these are good neighbors I would graciously accept the offer of help and pay for the materials, retaining complete ownership over your fence. If you do want to take it down at a later time or change it in some way, you are able to do that without having to feel that they own some part of it.

Out of curiosity, what kind of fence is it? If their dogs have damaged it, wouldn't the damage show up on their side of the fence? What kind of damage has it sustained?

 

[The Mystery Machine]

Wishing while your advice is interesting, fences go on the property line here. You don't ever set it back.

 

[mjkacmom]

Wishing while your advice is interesting, fences go on the property line here. You don't ever set it back.

Here, you must set fences back 3 feet from the property line. If you have to set it ON the property line, if you don't tie on, how do you put 2 fences on the line? Back to back?

 

[The Mystery Machine]

Here, you must set fences back 3 feet from the property line. If you have to set it ON the property line, if you don't tie on, how do you put 2 fences on the line? Back to back?

Yep.

 

[Aisling]

Here, you must set fences back 3 feet from the property line. If you have to set it ON the property line, if you don't tie on, how do you put 2 fences on the line? Back to back?

I live in a city, with a tiny back yard, and yes, the fences here are back to back, right on the property line. And I like it that way. They have their fence, and we have ours. No sharing in my neighborhood, as it only leads to problems.

 

[Sleepingbooty]

I agree with this thought.

OP, I totally get your thinking and I agree with your Dad, that it would have been the "right" thing to do to, at least as a courtesy, to ask before tying into your (his) fence. But that is long-ago and between the neighbors and your parents, it's not your fight. If these are good neighbors I would graciously accept the offer of help and pay for the materials, retaining complete ownership over your fence. If you do want to take it down at a later time or change it in some way, you are able to do that without having to feel that they own some part of it.

Out of curiosity, what kind of fence is it? If their dogs have damaged it, wouldn't the damage show up on their side of the fence? What kind of damage has it sustained?

It is a cedar fence. The damage is a post that has been broken off at the ground level and pushed inward towards our side so that the post and the sections on either side are leaning in. The rails have pulled away from the still solid posts on the either sides. Also, there are some pickets that have been chewed up and knocked around below the bottom rail so their dogs can get into our yard. Every time the dogs jump up against the fence it pushes it further.

A few of you have made comments that if I ask for him to pay for part of the repairs then he may feel that he part owns it, and I'd have to consult him if I want to ever remove it. That is a good point that I never thought of.

 

[The Mystery Machine]

A few of you have made comments that if I ask for him to pay for part of the repairs then he may feel that he part owns it, and I'd have to consult him if I want to ever remove it. That is a good point that I never thought of.

It is a very good point and why I would be happy to accept full ownership of the fence.

It is really a blessing in disguise.

 

[Wishing on a star]

I don't really care so much what the customs are in any different places...

If I didn't want the neighbors dogs/kids destroying my nice cedar fence... It would be placed within my property.

That simple....

 

[Cruisin]

I don't really care so much what the customs are in any different places...

If I didn't want the neighbors dogs/kids destroying my nice cedar fence... It would be placed within my property.

That simple....

But how is placing it within your property lines going to stop your neighbor from destroying your fence

If they don't put up a fence of their own (and why would they when you have yours there) how will you stop them from using the strip of property that belongs to you behind your fence

Won't they just start to incorporate that piece of property as part of their own.

Will they tell the dogs not to go on that 2 or 3 foot piece of land because it does not technically belong to them?

 

[brerrabbit]

Fences are always a touchy subject. When we bought our house new 15 years ago our builder provided the back fence only. You and your neighbor got to deal with the sides. Since at the time we only had a house on one side of us I talked to the owners and we agreed to split the cost. We got the guy who built the fences for the builders to put it up and split the cost. No problem. We then paid for the fence on the other side, no problem. Fast forward three years when they finally build a house on the other side. A different builder builds it and they advertise fully fenced back yards. The new home owners don't like my fence because at that point it's three years old and by god they want a new one. So without my permission builder tears down my fence one day and puts up a new one. I am a littled pissed off because I was never consulted and since I paid for it all to begin with thought like I shoild have at least been asked before they did it. The wood was still in good shape and could have been salvaged.

Fast forward to 2008 and along comes IKE and removes most of the same fence and a lot of the other side fence as well. Since I have a pool I need a fence put back up asap. We start clearing and rebuilding right away. The neighbor who is an older lady who lives alone and who we cleaned her yard after the storm and took the plywood off her windows for says, "oh are you going to rebuild the fence?" I tell her because of the pool we have to. Her neighbor on the other side is in the fencing business so he starts replacing the fence on his side the day after the storm. She asks him about paying him and he says don't worry about it I get the materials cheap. She then tells me about how nice his fence is and that I should build mine the same way. (its a more expensive fence but I do like it so I do the same) She makes a passing reference to paying some on our fence and I say okay I will let you know what it costs. I finish the job (well mostly my wife finishes the job) and my neighbor on the other side likes the fence and rebuilds it. I agree to pay for half and give him a check when he is done. I have the cost of the fence I built and wait till I see my other neighbor to let her know the cost. I never see her, she sort of disappears for a couple of months. She's at home but doesn't answer the door whenever i go over there. Two months later she died. Granddaughter inherits the house, fixes it up to sell and at one point I ask with her Mother and Father there about the fence. I waited knowing they were greiving and did not bring it up for a couple of months. They said they knew nothing about it and were not going to pay me anything.

At this point that fence is mine, period end of sentence. And if I want to tear it down tomorrow I will. The house has sold again and the new owners don't know the story but as soon as I get to know them I will certainly let them know about it.