Shared fence rotting, neighbor doesn't maintain his side. Who pays? (fees, attorney)
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Sharing expenses is quite common. There will come a time when my neighbor and I will split the cost. The fence is on his property, but I benefit from it being there. I have no qualms about sharing the cost.
If the OP is so concerned about the lack of staining, he might consider volunteering to do it himself. Problem solved (and it might motivate the neighbor to get out and help.)
From what I remember recently. Whoever has the posts on their side . Typically "owns" the fence. You both share it though. I just replaced both sides of my fence and both my neighbors shared the cost after I asked.
If the OP is so concerned about the lack of staining, he might consider volunteering to do it himself. Problem solved (and it might motivate the neighbor to get out and help.)
I am not staining any fence. I'm hiring a company to stain my side of the fence on both side yards and both sides of the fence at the back side of the property (it faces a greenbelt). My neighbor has an incredible amount of shrubs and other plants growing up against his side of the fence, it is not a simple matter to stain it.
My concern is that I am not sure I want to spend $1000 (or whatever it will cost) to stain my side if he does not maintain his side, as the fence will rot anyway if not protected.
I don't think the idea that I should take care of both sides of the shared fence is reasonable since the CC&Rs say that it is a shared cost.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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We actually had this happen. Our side was painted, pressure washed and repainted regularly, their side was not. The neighbor, who we had other issues with before, was going to get a dog and saw that the bottom 8-12" on his side was rotting to where even a small puppy could push through it. Our side still looked like new, we couldn't tell that his side had rotted from looking at our side. He asked me if I would help pay for replacement and I said that I was happy with the fence as is. He also asked the neighbor next to us who had previous issues with him and also shares a fence, and he said he liked the weathered look. His was bad on both sides but he had put up a wire fence next to it to keep his dogs in. The guy ended up paying for it himself, but a few years later was foreclosed.
Worth is relative. How much does it "cost" to seal and paint a fence every few years? And why should the OP have to pay double when the neighbor gets the same benefit?
Worth is about quality of life, not just out of pocket cost. The OP could bring it up in a non-confrontational way but judging from the posts, the OP is out to pick a fight with neighbors.
OK, I just looked at the CC&Rs. It says that party fences (legal term for a shared fence) should have maintenance costs split evenly between the homeowners. It also says that damage resulting from negligence should be handled in accordance with the laws of my state.
I think that failing to maintain a fence (by not staining and allowing it to rot) would be negligence, and the resulting maintenance costs from that negligence would be born by the negligent party. If I have receipts and evidence that I have properly maintained my side of the fence, and he could not show evidence of proper maintenance, he'd be liable for the rotting caused by his lack of action.
All that is well and good. IMO If I saw my neighbor wasn't maintaining a shared fence....I'd just stain the darn thing on both sides myself. Maybe he's broke, who knows. But, neglecting to maintain a fence just because your neighbor is does not seem smart. If the goal is to keep the fence in good repair, just paint/stain both sides.
Fence was always shared, and expense shared in 6 different houses, except in one case.
Neighbor didn't want to pay for fence. No problem.
Built the fence just inside my property line. Then started painting the side facing his side a hideous purple color. Left one panel up. He didn't pay. Next panel was goat vomit green. He got the hint. He paid his half, and I allowed him to paint his side what ever color he wanted.
More then one way to skin a cat.
Yikes, glad I don't have neighbors like you. You built a fence because you wanted a fence, and the fence is entirely on your property line, yet somehow you think you're entitled to have your neighbor split some of the cost of the fence?!
And when you don't get your way you try to strong-arm him/her by being a bad neighbor and painting the fence an ugly color?
Wow. I guess they don't teach sanity in grade school.
If you were my neighbor, I would just pay double the cost and put a fence up right inside my property line so I (a) wouldn't have to give you a dime, (b) wouldn't have to look at your ugly fence, and (c) hopefully never ever talk to you ever again.
I've replaced fences but I would NEVER ask my neighbors to pay. If I want a new fence, I pay. If I'm fine with no fence/rotting fence but neighbor wants a new fence, neighbor pays. The person whose property the fence sits on is the person who pays.
Quote:
Originally Posted by JanND
All that is well and good. IMO If I saw my neighbor wasn't maintaining a shared fence....I'd just stain the darn thing on both sides myself. Maybe he's broke, who knows. But, neglecting to maintain a fence just because your neighbor is does not seem smart. If the goal is to keep the fence in good repair, just paint/stain both sides.
Thank you for being the voice of reason. Extra stain costs what, $10? And you're already out there with the sprayer/brush- just ask the guy "mind if I go on your property this afternoon to get the other side?" It's amazing that people would choose endless legal battles over an extra 30 mins of work once every 3 years.
[quote=KaraG;45167542]If it's your fence, you should be doing both sides. I've never lived anywhere where neighbors share a fence.
This. We spent a great deal of money on a fence last summer and we spent weeks staining and sealing it on our side and the neighbors side. I went out of my way to make sure that I did not damage his flower gardens in the process. They're wonderful neighbors and they thoroughly enjoy what we did to improve their view. The fence will be around for a long long time because we will continue to maintain the whole thing.
Location: Stuck on the East Coast, hoping to head West
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I bought and paid for my fence on all 3 sides of my yard. Our law states that our neighbors should have shared that cost with us because they benefit from it. We asked and the neighbors refused, claiming they didn't mind if there wasn't a fence. We could have taken them to court, but I wasn't willing to put up with the hassle and costs involved in that.
FWIW, the fence is directly on the property line as that's what the HOA/developers required. Anyway, my neighbors on one side planted all kinds of bushes and foliage that are ruining that side of the fence. Neighbors on the other side have 3 labs that run into the fence, try to climb the fence, bite the fence, etc.
I consider this a lesson learned the hard way. This is definitely something I will consider in my next house.
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This. We spent a great deal of money on a fence last summer and we spent weeks staining and sealing it on our side and the neighbors side. I went out of my way to make sure that I did not damage his flower gardens in the process. They're wonderful neighbors and they thoroughly enjoy what we did to improve their view. The fence will be around for a long long time because we will continue to maintain the whole thing.
