Wondering how to have "the fence" conversation with neighbor?

[JTC Mom]

"Hey neighbor! We've been thinking the fence between our houses is looking a little worse for the wear. I'm not sure if it's fully on our property or yours, if it's supposed to be a shared expense or not, or if there are any Official rules from the HOA but I wanted to start by talking to you about it and see what you think."

I'm a huge fan of neighbors talking to each other. And I generally find that asking people their thoughts about something is a good way to get a conversation started in a non threatening way.

[pharpe]

Originally Posted by Brookside

The slats face our yard, so technically it is "our" fence.

This has absolutely nothing to do with who owns the fence. It depends on who's property it's on. You would need to look at a survey.

If it is on your neighbors property you would need to get their permission to touch the existing or you could put up your own fence next to it on your side.

If it's on your property then you can do what you want.

Either way I would start by talking to your neighbor and propose splitting the replacement costs. I would probably go armed with some estimates so you have hard numbers to discuss. Hopefully you have a decent neighbor and it wont be an issue.

If your neighbor is being a jerk (and the fence is on your property) just tear it done completely and leave it open. If your neighbor has a dog, pool, kids, etc you will force them to have to build their own.

[Adamson865]

Originally Posted by pharpe

If your neighbor is being a jerk (and the fence is on your property) just tear it done completely and leave it open. If your neighbor has a dog, pool, kids, etc you will force them to have to build their own.

Um no. If the neighbor is being a jerk (and the fence is on your property) just tear it down completely and build a TALLER fence. You don't want to run the risk of the neighbor's dog/kids/etc rampaging all over your yard if there's no fence.

[Restrain]

Have had the talk with all our neighbors at one point or another. No problems getting an agreement to share costs. All depends on he neighbors.

Basically, it is " hi, I live next door and the fence has had it, needs replacing. How about splitting the cost?"

[pharpe]

Originally Posted by rah62

Um no. If the neighbor is being a jerk (and the fence is on your property) just tear it down completely and build a TALLER fence. You don't want to run the risk of the neighbor's dog/kids/etc rampaging all over your yard if there's no fence.

They can't. The neighbor is required by law to contain their pets. It's the pet owners burden to contain their animals not their neighbors burden to keep them out. So unless they put up a fence they could never let their dog off the leash. If their kids came into your yard, that would be trespassing, which is also illegal. If they have a pool they would be required to have a fence as well. So unless the neighbor has no children, pets or pool they'd pretty much have to put up their own fence or be breaking the law. In which case you call the cops on them every day until they do. I'm not say I'd do this but it's one approach if your dealing with a real ahole.

[Adamson865]

Originally Posted by pharpe

They can't. The neighbor is required by law to contain their pets. It's the pet owners burden to contain their animals not their neighbors burden to keep them out. So unless they put up a fence they could never let their dog off the leash. If their kids came into your yard, that would be trespassing, which is also illegal. If they have a pool they would be required to have a fence as well. So unless the neighbor has no children, pets or pool they'd pretty much have to put up their own fence or be breaking the law. In which case you call the cops on them every day until they do.

Have you actually tried calling the police on someone because their small pet or small child (same thing, roughly) is in your yard?

You'd be lucky to get a cop to visit within three business days.

[Brookside]

Originally Posted by pharpe

This has absolutely nothing to do with who owns the fence. It depends on who's property it's on. You would need to look at a survey.

If it is on your neighbors property you would need to get their permission to touch the existing or you could put up your own fence next to it on your side.

If it's on your property then you can do what you want.

Either way I would start by talking to your neighbor and propose splitting the replacement costs. I would probably go armed with some estimates so you have hard numbers to discuss. Hopefully you have a decent neighbor and it wont be.

Good points about the survey, I need to review it. I *think* it is on my property completely, plus that side acts as a retaining wall for our property.


Thanks for the insight!

[pharpe]

Originally Posted by rah62

Have you actually tried calling the police on someone because their small pet or small child (same thing, roughly) is in your yard?

You'd be lucky to get a cop to visit within three business days.

You could also put pressure on them by contacting animal control, child protective services or home owners association because their pets and small children are not contained and running loose in the neighborhood.

The point is a fence is benefits both neighbors so if your neighbor needs a fence as much as you don't let them skate on their responsibilities.

[JoeSiczpak]

My neighbor put up a fence which looks like something from a terrorist training camp. Even he doesn't like it. I thought I'd respond by putting up my own fence right next to his fence. I thought I'd make my fence with 8 foot plywood sheets raised higher than his fence. I figured I'd paint his side of my plywood sheets with fluorescent colors such as red, green and orange.

I never bothered. His fence still looks awful. I just planted Leland Cypress, which covers the whole thing.

[Adamson865]

Originally Posted by JoeSiczpak

My neighbor put up a fence which looks like something from a terrorist training camp.

Pictures of Kathie Lee Gifford?