Fence Question
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Fence Question (by Doogie [KS]) Jun 22, 2019 12:14 AM
       Fence Question (by Ken [NY]) Jun 22, 2019 12:29 AM
       Fence Question (by JB [OR]) Jun 22, 2019 1:20 AM
       Fence Question (by Robert J [CA]) Jun 22, 2019 2:42 AM
       Fence Question (by LisaFL [FL]) Jun 22, 2019 8:13 AM
       Fence Question (by elliot [RI]) Jun 22, 2019 8:25 AM
       Fence Question (by LindaJ [NY]) Jun 22, 2019 9:45 AM
       Fence Question (by razorback_tim [AR]) Jun 22, 2019 10:29 AM
       Fence Question (by AllyM [NJ]) Jun 22, 2019 10:47 AM
       Fence Question (by BRAD 20,000 [IN]) Jun 23, 2019 12:57 AM
       Fence Question (by JKJ [MA]) Jun 23, 2019 8:26 AM
       Fence Question (by Vee [OH]) Jun 23, 2019 8:35 PM

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Fence Question (by Doogie [KS]) Posted on: Jun 22, 2019 12:14 AM

So we've had some bad storms lately and the wind blew a section of fence down at one of my houses. The neighbor talked to my handyman today and was saying he needed to fix his fence. He then went on to say that the prior owner of my house wouldn't let him build his fence on the property line, so he had to move it in 5 inches in order not to be on the property line. He now wants to rebuild that whole fence and wants it to be on the property line because he wants his 5 inches back. Of course, now that it would be a shared fence, it would be nice if I would pay for half.

So here's my question. Is that how it really works? If it's on the property line, it's considered shared and the costs are split? That would make sense why the previous owner said he couldn't put it on the property line. I'm not inclined to help build a fence. I don't care if he builds one. I also don't care if it's on the property line. I don't want to sign myself up or any future owner up for costs for maintenance/replacement however. --68.102.xxx.xx

Fence Question (by Ken [NY]) Posted on: Jun 22, 2019 12:29 AM

Smart choice,I would just tell him I don't put up fences I only take them down,if you want a fence put it up at your expense but I don't want or need it --72.231.xxx.xxx

Fence Question (by JB [OR]) Posted on: Jun 22, 2019 1:20 AM

Sounds like it would be nice to have a new fence on the line. I'd pay half as long as I could approve the plan ahead of time. --24.20.xxx.xxx

Fence Question (by Robert J [CA]) Posted on: Jun 22, 2019 2:42 AM

It does not matter what your neighbor says, he can change his mind and call you a liar. Your City doesn't care where the boundary lines are because the will come up with some excuse saying the old fence established a new agreement. This has happened to me countless times as an owner and contractor building fences.

I went to court with the city codes, laws, a licensed survey and tape recording of my neighbor giving me permission to remove an old fence and put a new on up on my side of the property line so long as they don't have to pay any of the costs. Since my neighbor was elderly, the law is they are allowed to be confused and must be forgiven -- even though they filed a false police report and to the Building and Safety Department.

I got sick and tired so I took one case to trial, suing my neighbor and the various departments. I proved that the law says that if the fence is used by my neighbor to enclose his yard, he can have a gate but once closed his yard is secure, then he must pah half of the cost to replace the fence with an equal type of fence. I just wanted to replace an old rotten fence that was on my side of the property line, but everyone was out to make a buck. SO in the end my neighbor had to pay half of the cost and my attorney's fee's. --47.156.xx.xx

Fence Question (by LisaFL [FL]) Posted on: Jun 22, 2019 8:13 AM

I run into this all the time. Most neighbors will pay nothing.

I repair tons of neighbors fences after getting permission. Why? Because I didn't pay for them and am getting a benefit from them. I have refused a couple though when I feel taken advantage of.

Once I was asked to pay half for a neighbor's side fence on a shared property line. My response was this:

I will replace the fence and the fence will be mine and mine to repair in the future. I will choose the licensed contractor and pay for the permit. You will pay 1/3 rd of the cost for the benefit you receive from the fence. Or, you can replace the fence and the fence will be yours to own and maintain but only if you use my recommended contractor who will attach the fence to my existing front fence side gate. I will pay 1/2 of the cost of the shared fence directly to my contractor upon completion.

They choose the later. So it's their fence but I know it was done correctly. They followed up afterwards by thanking me and telling me they got several estimates and loved my contractor who they decided to just have fence in their entire yard.

Having permit history proves ownership and I wasn't willing to pay for something I couldn't have any control over. So I wanted to be sure it was done right. My contractor told me nobody ever contributes to someone else's fence so what I did was generous and reasonable. That was good to learn because I felt I was being a bit anal but I wanted to prevent any misunderstandings. --75.89.xx.xxx

Fence Question (by elliot [RI]) Posted on: Jun 22, 2019 8:25 AM

I would treat fence case by case, neighborhood by neighborhood. If it is solid A B, then get a fence for privacy. Prospects definitely like to have a nicely fenced yard..

Most my properties are multi, so if the neighbor is a single family, they are more interested in a nice fence. I will try to be a good neighbor as much as I can.

Recently had one neighbor put up a brand new fence, didn't ask for anything. Another neighbor asked for half of the material cost and he does the work, great!

The 3rd one is a multi with owner occupied, he is still doing nothing when 2 sections of fence came down last year. Bear in mind, the distance between 2 neighbors are just a driveway away..

Couple years ago I had to do a chainlink fence with one neighbor cos kids always come to the backyard to cause nuisance. Its a low income area, the landlord next door is a slumlord, till today.. --68.227.xxx.xxx

Fence Question (by LindaJ [NY]) Posted on: Jun 22, 2019 9:45 AM

In my area, there are actually regulations about having to put a fence a few inches off the property line. Since it looks like you are gaining a few inches of property and not having to maintain the fence, why would you agree to put it on the line? --108.4.xxx.xx

Fence Question (by razorback_tim [AR]) Posted on: Jun 22, 2019 10:29 AM

Here's how I would approach this.

First determine if you benefit from the fence and would like for it to stay there and in good repair.

If so the second determine if the fence needs replaced or only needs repaired.

I have done a share cost on a fence before and it worked out well. I benefited from the fence and the contractor who built the fence did so for only slightly more than I could buy the materials at HD. His company must get the materials at a significant discount.

I have also repaired fences between properties before even if they were my fence. The neighbor wanted to replace and I told them it could be repaired. They bought the materials for repair and I provided the labor through my handyman.

Other times it might he appropriate to tell them to buzz off. --70.178.x.xx

Fence Question (by AllyM [NJ]) Posted on: Jun 22, 2019 10:47 AM

It's the neighbor's fence. Wisely the previous owner of your property did not need or want the fence and relieved himself of obligation by insisting that it be built on the current neighbor's property. Unless my tenant had a dog or small children who were benefitting from the fence, I would remind the neighbor that it's his fence and he can enjoy himself putting it RIGHT BACK WHERE IT IS, good side facing your property or repair it. There's a reason why the previous owner did not want to deal with this guy and you are finding it now.

So if your tenant is benefitting, tell the neighbor that you will kick in some money to REPAIR the fence. Don't get into it with this guy. He feels like trouble and will have you maintaining "your side" if you deal with him. Otherwise someone has to pay for a survey to put the fence on the property line. Come to think of it, you really can't believe what he says. Do you have a survey to see if this is true showing the fence is not on the property line? --173.61.xxx.xx

Fence Question (by BRAD 20,000 [IN]) Posted on: Jun 23, 2019 12:57 AM


Me? The neighbor is welcome to fix his fence where it is.

Sharing fences can get complicated such as when he sells.


BRAD --73.102.xxx.xxx

Fence Question (by JKJ [MA]) Posted on: Jun 23, 2019 8:26 AM

Personally I wouldnít share the cost of a fence, thatís just me though. As far as a fence on the property line, most states, towns, counties have fence regulations. Typically the fence must be set back off the property line anywhere from 2 to 8 inches (sometimes more) itís recommend to keep it back about a foot, so the owner can maintain the fence from both sides and not be on anotherís property. Fences that are on a property line are shared fences, and must be maintained jointly by both land owners. Unless you want to pay to maintain 50% of this fence as well as replacement costs as long as you own the property tell the neighbor to keep it where it is. --72.224.xxx.xxx

Fence Question (by Vee [OH]) Posted on: Jun 23, 2019 8:35 PM

I would want to see the surveyor drawings before going any closer to the property line, as Brad said the dispute reopens when the first one sells - they likely have to pay for the fence relocating, why not follow the city rules already established that sounds like 5 inches back (many places it is 8-12inches off property line? --76.188.xxx.xx

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