Replacing Fence and Sharing Cost with Neighbors (Weir: HOA, how much)

[motherofthree]

My fence blew over last night from all the wind. Several sections on 2 sides of my yard are either down or about to be down. It was in bad shape - just trying to squeeze every ounce of life out of it.

I have 4 neighbors, 2 on either side and 2 share the fence behind me. I'm going to approach them to split the cost - and I'm certain the neighbors on either side of me will agree to it - but I don't think the neighbors behind me will.

What do people do when people don't want to pay for a needed new fence? It is on the property line.

[mark311]

Originally Posted by motherofthree

What do people do when people don't want to pay for a needed new fence? It is on the property line.

Just let it go and have the neighbors willing to contribute split the cost. You might end up paying a couple hundred dollars more each because the one neighbor won't share the cost, but starting a war with a neighbor over a couple hundred dollars isn't worth the money in the long run. My family has lived by a couple irrational neighbors in the past and you'd be surprised what kind of strain one irrational/upset neighor can put on everyone around them.

[Austin97]

Originally Posted by motherofthree

My fence blew over last night from all the wind. Several sections on 2 sides of my yard are either down or about to be down. It was in bad shape - just trying to squeeze every ounce of life out of it.

I have 4 neighbors, 2 on either side and 2 share the fence behind me. I'm going to approach them to split the cost - and I'm certain the neighbors on either side of me will agree to it - but I don't think the neighbors behind me will.

What do people do when people don't want to pay for a needed new fence? It is on the property line.

There is a book called getting to yes which discusses how to understand peoples interests vs positions in a negotiation. Their position is that they dont want to pay for the fence, but what are their interests?

do they want a fence?
if they dont want a fence why dont they want a fence?
if they want a fence why dont they want to pay? (they may not have the $$)
Do they want a different kind of fence?
Do they have dogs? do you have dogs?

etc

Before proposing a solution, maybe ask the neighbors "the fence blew down, what do you think we should do?" So it can be their idea. Bringing up a proposal too soon before everyone has a chance to air their concerns can put people on the defensive and lock them into a position.

[Trainwreck20]

It is on the property line.

The fence posts are almost always on one property or another, with the fence directly over the property line. There are some other threads on here about this, but my understanding is that the location of the posts establishes the owners of the fence. In addition, the owner usually is looking at the posts, whereas the non-owner gets the flat side.

I would approach the neighbors, it never hurts to try. I would also not get too bent out of shape if they say no. My course of action:
- establish who owns (owned?) the fence.;
- find out if you are required to have a fence (you may or may not have an HOA that requires it);
- assuming you want a fence, you may need to do it yourself. If the old fence was the back neighbor, request that he remove the fallen portions that are on your property. Also ask if he would like your contractors to remove his old posts (at his expense, ofc). Then build the fence on your property.


Now, depending on how much 'fun' you like to have-
- If the fence is yours and you are able to live for a short time w/o it, take the entire fence down in preparation for building a new one. Then, don't build one. If the neighbor complains, just tell them that the cost is too high and you just aren't going to build another. They can then build their own (if they ask you to chip in, say, no, thanks) or agree to split the cost with you.

[motherofthree]

Thanks for all the great info. I approached the neighbors (without asking them to split) to let them know that I was going to replace the fence and all the neighbors offered to split the cost except for one. The one neighbor on the side of me doesn't want to replace it. I told her I was paying for it and she said no. Weird. What can I do? The fence we share - the posts are on my side.

[RooCeleste]

If the posts are on your side, I would think you could replace the fence even if the one neighbor didn't agree. What I would do, though, is give myself the smooth side and give that neighbor the ugly side!

[TexasHorseLady]

Originally Posted by motherofthree

Thanks for all the great info. I approached the neighbors (without asking them to split) to let them know that I was going to replace the fence and all the neighbors offered to split the cost except for one. The one neighbor on the side of me doesn't want to replace it. I told her I was paying for it and she said no. Weird. What can I do? The fence we share - the posts are on my side.

She actually said no, you can't build the fence? She has no authority there - she can only decline to share the cost.

What on earth was her reasoning in thinking she could determine whether or not you fence in your own property?

[motherofthree]

She's a difficult neighbor. In fact, we are her only neighbors that are on speaking terms with her. The neighbor on the other side of her finally moved 6 months ago b/c of her. The neighbors that moved even had surveillance cameras pointed at her house. I don't know what went on between the two but it go very nasty.

She actually told me "no, I don't want a new fence." She didn't say why. I was just in shock she said no. My jaw dropped to the floor. That was the last thing I expected. I told her I was paying and it was cheaper for me to replace the whole fence now then replace 2 sides and have a company come back in a year or two to replace the third side. Our shared side is the only side not leaning or fallen down.

So I assume I can legally replace it. What can she do if I replace it and she doesn't want me to?

[Trainwreck20]

What can she do if I replace it and she doesn't want me to?

Do you mean legally? Not a whole lot, really. You may need to get security cameras to make sure she doesn't vandalize it . If I understand you correctly, that part of the fence is still standing, so it isn't like there is no fence and she wants to keep it that way. Even if the fence was on her property, you COULD just build a fence on yours as well and let her keep hers.

The real problem will be if you need contractors to access her property to build the new fence. She MAY be able to prevent that, which would be a pain in the arse for the contractor. OTOH, I suspect (judging by the number of threads on this topic) that most contractors have had to deal with this and have a work around.

[motherofthree]

Originally Posted by Trainwreck20

The real problem will be if you need contractors to access her property to build the new fence. She MAY be able to prevent that, which would be a pain in the arse for the contractor. OTOH, I suspect (judging by the number of threads on this topic) that most contractors have had to deal with this and have a work around.

That's a good point. And she has the pretty side too.