Neighbor refuse to replace dilapidated fence. (homeowners association, attorney, houses)

[northdenvertom]

My neighbor refuses replace a cedar fence between our back yard. He has used several methods of reinforcing the fence. Recently, he put pea gravel down and the fence started to buckle due to the weight of the gravel

I discussed the situation with him explaining that I want the fence torn down and replaced with new materials because the cedar has dilapidated and the posts have rotted out. He refused and pointed out to me that the fence is about 5 feet within the boundary of his property and has been for thirty years. Since the fence was his, in his property, he could do what ever he wants with it. I offered to do all the work, buy most if not all the materials and he still refused. Apparently he still holds a grudge from 30 years ago with the previous owner and refuses to do anything about this fence, other than what he wants

I checked with the county and the online property lines and satellite images confirm that he is correct and the fence is in his property. I do not dispute this at all.

To complicate matters there are utility boxes in the in the disputed section. These utility boxes seem to be contained within his property albeit one may slightly straddle the property line a few inches. His wife may have spilled the beans telling me she did not want these in her back yard thirty years ago when the fence was installed

I understand that I may have the right to claim this section of property due to adverse possession. I don’t want to do this since this part of the yard is not that important to either owner. I just want a new fence installed for the safety of my family and dogs.

[Dorthy]

Since your neighbor's fence is 5 feet within his property then why not just build your own fence on the actual property line?

[northdenvertom]

Building a fence on the actual property line is probably what I will end up doing. But doing so, would completely enclose the utility box and the ground around it, which may cause problems with the utility easement and maintenance, but it will make it his problem. I am still waiting for the city to comment on my complaint about the exsisting fence not meeting code and the easment issues. I will need a new fence permit to build it, since it not a replacement, so the city will be involved. They may have issues with the utility easement, too. Plus, since the utilities are involved are underground (elec, cable and phone all run along the property line there, this might make a new fence difficult to build. The ideal place for the fence is where it is, but he refuses to replace it.

[D. Goodey]

We have an entire back dilapidated fence belonging to next door neighbors. Prior to their purchase of the next door property, they were made aware that we had lodged a complaint about the dilapidated back fence. They came to see us and asked how long would we give them. This was in March last year. I replied until the end of this year (2011) They kept up a friendly pretense until we gave them permission to use our property for scaffolding so that they could replace their roof. Since that time, more fence has fallen down, and they are now refusing to change the fence or even mend it. Sections of the fence are completely gone, much of their vegetation is growing through the fence, fence posts completed rotted in parts of the fence and are only being supported by their trees. To repair or change the fence they would have to do it from our side as their side is thick with trees all along. This means that it is our garden which will be trampled on when the time comes that they should want to replace the fence as in its present state none of it can be saved. It is extremely old. Apart from feeling used by these neighbors, we feel the fence is extremely unsafe. The worst part is also that they knew about the state of the fence before they bought their house. We know we can't hope that they will put their hands in their pocket and replace the fence, so we offered to do so on their behalf and they can pay us back over a few months. The cost at present is between £900 and £1,300 as more of the fence has now fallen at the front of our houses, more fencing is required from our original fencer's quote of £900 so we estimate it will cost slightly more. However, they're sticking to their guns and not wanting to do anything including putting back sections of the fence which have now completely fallen down. The state of the fence is now dangerous and i fear that if children should try to go through the gaps in the fence may get hurt or a piece of fencing may injure a pet...we have two cats and they have two cats...there is nothing i've read on here or elsewhere which suggests we can do anything about it without it making it our responsibility forever more and since we already take care of two other sides, we feel this is not right to take on their responsibility. We are about to move but keeping the property and so this problem will enevitably go on for many years to come. They will probably sell before we do and my remit to that will be, chop your trees down and replace the fence from your side of the property as we have been used once we will not be used again! Given that it will be our garden which will be half destroyed if we do give them permission in years to come. So we are not willing to do so in years to come. Our garden shrubs are at present half grown and i wish to place more plants to fill in the gaps which i've left for the enevitable change of fence, but now i give up and will fill the gaps as i feel that this will a tleast hide some of the crumbling fence. This isn't about the aesthetics, its about safety and i refuse to pay for a new fence myself as this would then make it an ongoing committment to ourselves and as i said earlier, we already do this with the other two sides of the property...its an expensive outlay if you have to pay for your neighbor's fence as well. Can anyone offer legal advice on how to approach this please?

[Dreaming of Hawaii]

You are asking a bunch of unknown people for legal advice? I doubt that anyone on this forum is an attorney. The most we can offer is our personal opinions based on experience or what we would do. If you want a legal opinion I suggest you hire an attorney.

My personal opinion is that you are going to have to replace or repair the fence yourself. Obviously your neighbor could care less. The trees on their side seem to be doing a great job of hiding the fence from them, and they are happy with the status quo. You are the one who is bothered, so if you want something done, you're going to have to do it. Sorry!

[2bindenver]

You can certainly put up a fence on your property line or just inside at your expense anytime you would like.

[kat in aiken]

Just a thought - can you put your own fence a couple of feet into your property? Around here, most people put their fences a bit into their own side so that they can move along the outside for maintenance without going onto the neighbor's property. Putting it right on the property line seems like you are asking for problems, especially as you say there is a utility easement between the 2 properties.

[ryanek9freak]

Set it on fire. lol

[KaaBoom]

Originally Posted by northdenvertom

My neighbor refuses replace a cedar fence between our back yard. He has used several methods of reinforcing the fence. Recently, he put pea gravel down and the fence started to buckle due to the weight of the gravel

I discussed the situation with him explaining that I want the fence torn down and replaced with new materials because the cedar has dilapidated and the posts have rotted out. He refused and pointed out to me that the fence is about 5 feet within the boundary of his property and has been for thirty years. Since the fence was his, in his property, he could do what ever he wants with it. I offered to do all the work, buy most if not all the materials and he still refused. Apparently he still holds a grudge from 30 years ago with the previous owner and refuses to do anything about this fence, other than what he wants

I know this post is old and the OP is gone, but when I read stuff like this, it makes me wonder. Why would anyone think they have a right to tell their neighbor to replace their fence? It's their fence. It's on their property. This smacks of, "Hey replace your fence, it's falling down, and I want a fence there, and I don't want to pay for it myself."

The solution seems so painfully obvious. Build your own fence, and build it high enough so you don't have to look at your neighbors dilapidated one. Problem solved.

Originally Posted by northdenvertom

To complicate matters there are utility boxes in the in the disputed section. These utility boxes seem to be contained within his property albeit one may slightly straddle the property line a few inches. His wife may have spilled the beans telling me she did not want these in her back yard thirty years ago when the fence was installed

More then likely its a utility easement and needs to be kept open and accessible. Fencing it in is probably not an option, regardless of the wife's wishes.

[gggjfg]

Originally Posted by KaaBoom

I know this post is old and the OP is gone, but when I read stuff like this, it makes me wonder. Why would anyone think they have a right to tell their neighbor to replace their fence? It's their fence. It's on their property. This smacks of, "Hey replace your fence, it's falling down, and I want a fence there, and I don't want to pay for it myself."

The solution seems so painfully obvious. Build your own fence, and build it high enough so you don't have to look at your neighbors dilapidated one. Problem solved.

You don't get out much, do you Homeowners associations and historic districts, among others, have every legal right to tell you how to present your property to the public. Most of the bylaws state that if you don't correct the problem, it will be done by someone else and you pay the bill.