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Old 05-18-2015, 12:36 PM
 
1,668 posts, read 1,754,267 times
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I have a shared wood fence between my and my side neighbor.
They have built a concrete flowerbed against the fence, and there're is no concrete boarder between the flower bed and the fence. They wanted to use the fence as the back side and have soil shoveled against it. OF course they also water it regularly, so the fence and the post have rotten away.
They are not willing to pay/repair/discuss it.
I am thinking maybe I should replace the fence, and while doing that also install some kind of waterproof backing (plastic or stone) to their flower bed. Their flowerbed is around 1foot tall. I looked online for these kind of things, but all I found were 3in...6in tall "edging" or border strips, that is not tall enough. What should we put between the fence and the soil?
Also is it feasible to install this in someone else's yard? For preventing them from causing further loss/damage to me, as they are not willing to pay for the fence repair, and I don't want to spend a lot of money every year on replacing the fence.
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Old 05-18-2015, 12:40 PM
 
Location: New Jersey
12,760 posts, read 8,257,232 times
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Does the fence belong to you or to the neighbor?

If the fenceposts are on your side, you own it.

If they are on the neighbor's side, they own it.
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Old 05-18-2015, 01:14 PM
 
Location: Chapel Hill, N.C.
36,504 posts, read 46,063,271 times
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If you are willing to put in a new fence then by all means go just a few feet INSIDE your own property line for the new fence. Either leave the old fence in for them to deal with or tell them you are installing a new fence INSIDE the property line and they cannot put their flower bed up against the new fence or they will be trespassing. And Mean It when you tell them you will charge them with Trespassing.
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Old 05-19-2015, 01:04 AM
 
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ok, but what material would be suitable for insulation. I dont want to use a lawyer for moisture damage insulation, but rather some kind of plastic edging that is tall enough. Any suggestions?

If I put the fence in my property, then it reduces my yard, and it would not stop them from piling the soil 1 foot away from the current location until it reaches the fence again.
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Old 05-19-2015, 02:07 AM
 
Location: Silicon Valley
18,650 posts, read 25,198,760 times
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Normally a fence between two properties must be a shared-cost to maintain them.

In CA, it's called the Good Neighbor Fence Act. Under this law, basically you have to give 30 days notice of the repair you intend to do, the estimated cost, proposed payment plans, etc. Also, you have to take into consideration whether or not the neighbor can afford the fence, and you can't insist on something really expensive, if the other parties don't want it or can't afford it.

So, you could explain the law to them and if they're still uncooperative, you could then say you'll sue them for the full cost because the damage was caused by them in the first place, so they might want to get cooperative. Brats! LOL.

Anyway, here's an article on the CA law:

Neighbors should share fence costs - SFGate

And as far as putting something up against the fence, that they could then put soil up against - I can't imagine anything that wouldn't still trap moisture next to the wood. You might look into vinyl fencing that would be waterproof.

And, no, you couldn't go onto their property to do anything without their permission.
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Old 05-19-2015, 07:52 AM
 
Location: Chapel Hill, N.C.
36,504 posts, read 46,063,271 times
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Most fence material has been treated to withstand moisture, soil and rot.

WHAT IS THIS FENCE MADE OF. NEVER IN ALL MY TIME AS LANDSCAPE DESIGNER HEARD OF "INSULATION FOR A FENCE" iT SIMPLY ISN'T DONE UNLESS WE ARE TALKING ABOUT 3 OR 4 FEET BURIED UNDER GROUND WHICH IS RIDICULOUS.

Is there no communication between you two? You could put your new fence only 1 ft inside your property line and surely it wouldn't take away that much of your yard. Would they in spite remove the whole old fence? I'm thinking they don't have the money for repair or replacement and if you point out to them that, at this point, repair or replacement would be a shared deal if they cooperate but they will have to pay 100% if they don't cooperate and you will be documenting all your good faith attempts along the way.
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Old 05-19-2015, 10:04 AM
 
1,668 posts, read 1,754,267 times
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Quote:
Originally Posted by no kudzu View Post
Most fence material has been treated to withstand moisture, soil and rot.

WHAT IS THIS FENCE MADE OF. NEVER IN ALL MY TIME AS LANDSCAPE DESIGNER HEARD OF "INSULATION FOR A FENCE" iT SIMPLY ISN'T DONE UNLESS WE ARE TALKING ABOUT 3 OR 4 FEET BURIED UNDER GROUND WHICH IS RIDICULOUS.

Is there no communication between you two? You could put your new fence only 1 ft inside your property line and surely it wouldn't take away that much of your yard. Would they in spite remove the whole old fence? I'm thinking they don't have the money for repair or replacement and if you point out to them that, at this point, repair or replacement would be a shared deal if they cooperate but they will have to pay 100% if they don't cooperate and you will be documenting all your good faith attempts along the way.
Communicating is a problem. The house next door is a rental. The tenants are cooperative, but they cannot pay/do/arrange any repairs. The landlord's name in the city registry is a wietnameese female name, with mailing address in another state. I checked the owner's name at the mailing address, it is a chinese (not wietnamese) male name. I got a phone number of the landlord/caretaker from the tenants, it is a local number (not out of state), and belongs to a wiatnameese guy (not female) . I tried to talk to him several times, most times they hung up on me. Impossible to tell anything that would take longer than 5-10 seconds as they hang up after that much.

You are saying 1foot of dirt that they water several times a week should not damage a redwood fence and fence post? Probbaly still need some plastic insulation?
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Old 05-19-2015, 10:10 AM
 
Location: South Carolina
14,441 posts, read 20,021,458 times
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Okay since they are not willing to talk or discuss this matter serve on them and make the judge make them repair it and you will be glad you did because should you ever decide to sell your house the new people will see that crappy fence and say no way and then see how the neighbors are they will back out of the deal .Good luck , I m sorry I have had so many crappy neighbors I no longer deal with them . I deal with neighbors who are reasonable and communicate well .
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Old 05-19-2015, 10:42 AM
 
5,075 posts, read 9,035,293 times
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While annoying, the amount of flashing needed to protect the fence is only going to cost a few $. I built one of my beds up against the garden shed and covered the shed wall with PVC flashing. The bed gets a lot of water but there's no signs of seepage. Eventually it may cause some degradation but it's going to be far slower than soil in direct contact with wood.
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Old 05-19-2015, 11:55 AM
 
Location: Silicon Valley
18,650 posts, read 25,198,760 times
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Quote:
Originally Posted by buenos View Post
Communicating is a problem. The house next door is a rental. The tenants are cooperative, but they cannot pay/do/arrange any repairs. The landlord's name in the city registry is a wietnameese female name, with mailing address in another state. I checked the owner's name at the mailing address, it is a chinese (not wietnamese) male name. I got a phone number of the landlord/caretaker from the tenants, it is a local number (not out of state), and belongs to a wiatnameese guy (not female) . I tried to talk to him several times, most times they hung up on me. Impossible to tell anything that would take longer than 5-10 seconds as they hang up after that much.

You are saying 1foot of dirt that they water several times a week should not damage a redwood fence and fence post? Probbaly still need some plastic insulation?
Okay, I'm confused. Wouldn't it be the tenant who is putting the flowers up against the fence? That's not being cooperative.

You can send a notice to the name and address on the city/county tax assessor's record for the property.
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