U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 08-06-2015, 05:15 PM
 
3 posts, read 14,593 times
Reputation: 10

Advertisements

We live in a neighborhood where all properties share a wall as fences. I suspect that our neighbors tree is causing considerable damage to our fence. I am unsure as to who is responsible for fixing the wall? Are we both, since we "share" the fence, or is he - since it's his tree? I'm not only concerned about the fence but my house and piping as well as the tree roots continue to grow. The damage is quite a bit already and needs to be addressed asap. We rented our home out the past few years and didn't realize the damage until we moved back recently (the renter never notified us). Does anyone have experience with this? Any advise is greatly appreciated.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 08-06-2015, 09:09 PM
 
710 posts, read 3,164,560 times
Reputation: 1047
You are the one who needs to trim roots and branches of a neighbor's tree if they encroach on your property, so long as in doing so you do not kill the tree.

If you want the fence repaired, and it sits on your property line, then you pay for it. Feel free to put the ugly side of the new fence to your neighbor.

Course the neighborly thing to do is split the cost of the fence with you, and to give you a hand with a pick axe and saw to take care of th roots ... but most people aren't up for that these days.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-06-2015, 09:22 PM
 
Location: Out there somewhere...a traveling man.
41,917 posts, read 54,617,647 times
Reputation: 118204
Quote:
Originally Posted by melanie2206 View Post
We live in a neighborhood where all properties share a wall as fences. I suspect that our neighbors tree is causing considerable damage to our fence. I am unsure as to who is responsible for fixing the wall? Are we both, since we "share" the fence, or is he - since it's his tree? I'm not only concerned about the fence but my house and piping as well as the tree roots continue to grow. The damage is quite a bit already and needs to be addressed asap. We rented our home out the past few years and didn't realize the damage until we moved back recently (the renter never notified us). Does anyone have experience with this? Any advise is greatly appreciated.
Based on what your saying the neighbors tree is causing the problem then it's the neighbors responsibility to correct the problem. Whether you share the fence or not is not the question, it's who is responsible for the damage.
Yes you can trim any visible roots or foliage growing over the fence onto your side but that still will not cure the damage.
It's just ass if he should back his car into the fence and damage it, he is the responsible party to fix it.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-07-2015, 12:41 PM
 
3 posts, read 14,593 times
Reputation: 10
Quote:
Originally Posted by wit-nit View Post
Based on what your saying the neighbors tree is causing the problem then it's the neighbors responsibility to correct the problem. Whether you share the fence or not is not the question, it's who is responsible for the damage.
Yes you can trim any visible roots or foliage growing over the fence onto your side but that still will not cure the damage.
It's just ass if he should back his car into the fence and damage it, he is the responsible party to fix it.
I couldn't agree more, I think the neighbor should have to correct the problem too but I learned that "Unless boundary fence owners agree otherwise, both owners are responsible for keeping the fence in good repair. However, the fence owners may agree to a different arrangement. For example, one neighbor might want to be responsible for repairing the fence, perhaps because she has a dog and is more interested in keeping the fence. Agreements between neighbors about boundary fences are only enforceable between current neighbors. When a new owner comes into the picture, the old agreement is no longer in force"
-> found on [url=http://www.nolo.com/legal-encyclopedia/fences-neighbors-faq-29102-6.html]Who is responsible for repairing and maintaining a boundary fence? - Nolo.com[/url]

But it doesn't really answer my question though
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-07-2015, 12:43 PM
 
3 posts, read 14,593 times
Reputation: 10
Quote:
Originally Posted by ji603 View Post
You are the one who needs to trim roots and branches of a neighbor's tree if they encroach on your property, so long as in doing so you do not kill the tree.

If you want the fence repaired, and it sits on your property line, then you pay for it. Feel free to put the ugly side of the new fence to your neighbor.

Course the neighborly thing to do is split the cost of the fence with you, and to give you a hand with a pick axe and saw to take care of th roots ... but most people aren't up for that these days.
The law in AZ states "Unless boundary fence owners agree otherwise, both owners are responsible for keeping the fence in good repair. However, the fence owners may agree to a different arrangement. For example, one neighbor might want to be responsible for repairing the fence, perhaps because she has a dog and is more interested in keeping the fence. Agreements between neighbors about boundary fences are only enforceable between current neighbors. When a new owner comes into the picture, the old agreement is no longer in force" So I suppose we're going to have to figure it out with the neighbor ... great
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-08-2015, 10:00 AM
 
Location: Phoenix, AZ
2,653 posts, read 2,423,160 times
Reputation: 2840
Just curious, do you know what kind of tree is causing the damage? My sister's family had a similar problem. The tree causing the damage was a large acacia tree.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top