Need advice on backyard fence...

jennycassada · **Need advice on backyard fence...**

I've always been under the impression that the yard the fence was facing were the ones who were responsible for the fence. Well the fence bordering our backyard neighbors is cracking along a couple of the upper supports and really needs to be replaced. We thought it was their responsibility until our latest newsletter came out explaining both homeowners were responsible. So, we figured we would introduce ourselves to our neighbors when the weather warmed a little and offer to help fix it. So, I'm standing in the kitchen making my son a sandwich and see someone out of the corner of my eye in the backyard. It's my neighbors! They tore that section of the fence down and are fixing right now. So what do I do? I know We're responsible for half but they didn't consult us ahead of time and I don't know if they've hired someone else to fix it or not. (I"ve never met them so I don't know if they're the ones fixing it or not.) Anyway, my husband and I planned on doing the labor ourselves and I'm not too keen on paying half of the labor if they did hire someone. However, I certainly don't want to say..."well, you didn't ask us first, so I don't feel like I need to pay half of the labor costs" seems that would be a little tacky. At the same time I feel like if they didn't consult us first, I shouldn't have to pay half. What would you suggest?

MissLucie · 02-10-2008, 04:01 PM

It would be a nice gesture to contribute towards the cost of this...I believe it was them that took the initiative to hire someone to fix the problem, therefore it WOULD be tacky to complain. It's too late for "maybe" now or "should have" so I would pay for half of it.

desertmom · 02-10-2008, 04:04 PM

They may not be aware of the rule. I always thought it was the person who installed it's responsibility. But in a case like we have here, the block wall was put up at the time of construction. We are responsible for our side, they for their side, but if there's a structural issue, I suppose we would need to work together.

I may be in the minority, but if you don't have constant conversation with them, I'd sit tight and see what happens. It would be the nice/right thing to offer to pay half, but then you would be getting into the "I would have done it myself" / "but you didn't, so we hired someone" argument, when really it would have been best to discuss it all ahead of time. What does your dh want to do?

Happymom · 02-10-2008, 04:22 PM

We have always had to have the actual outside of the fence facing the neighbors. Also our fences have always had to be at least one foot on our side of the property lines. So maybe the fence is actually theirs.

jennycassada · 02-10-2008, 04:23 PM

Well, my husband was driving out of the driveway when I noticed the whole thing...so we kinda discussed it in the middle of the road. Yes, I chased him down.

Anyway, I really don't have a problem paying for half the materials...and as much of a problem as I have paying half the labor, I would. We can only assume they didn't read the last newsletter and assume the fence is their responsibility. Their house was built 3 or so years before ours so it was originally their fence. Here's the thing though. The fence that's bordering our side neighbors is starting to fall apart (our house is 10 years old...I think they're all starting to show wear) so we're planning on replacing it in the spring. Even though we know the "rules" now, we're the ones that want it fixed so we have no problem paying for it ourselves. So, I just wonder if our other neighbors were thinking the same way. Just to give you an idea, it's about an 6 foot section of my 96 foot fence line.

Cookie2 · 02-10-2008, 04:52 PM

I'd offer to write them a check for the amount of money you had budgetted to do the project yourself, irregardless of what they actually spent.

My husband and I just spent thousands of dollars on our irrigation system. Some of what we did will go a lot way to helping our neighbors that are 'down water' from us and the water users as a whole. One of the neighbors - the one helped the most - is a wealthy attorney. Has he written a check to help us with the cost? No. If he offered, I wouldn't turn him down. I'm not about to send him a bill, however.

Let me put it this way ... your neighbor didn't ask about the fence because they were willing to bare the burden of the costs all by themselves. That you would help with the cost is a nice neighborly act.

daymom03 · 02-10-2008, 07:37 PM

Whose property is the fence on? That sould be who owns the fence and thus, who is responsible for fixing it. Is it on communal property?

ember15 · 02-13-2008, 07:53 AM

I wouldn't worry about it unless they ask.

We too had fence issues and while we had talked with our neighbor we came home one day to see the new fence up. What was worse was that her property is lower then ours so we went on our patio to find the fence was just 3-4 ft tall on our side. It was so stupid she couldn't have waited a little longer. We still had to put up a fence and now there are two fences back to back.

Shannon · 02-13-2008, 03:31 PM

How did you find out about these "rules"? Do you live in a subdivision with covenants or have a homeowner's association?

I work for the Planning and Zoning office in our town. The responsibility of the maintenance of the fence goes to the owner whose property the fence is sitting on. If the fence sits on the property line, the fence is the responsibility of the person/persons who put it up. If it was a former owner, the ownership goes with the sale of the house and the new owner would then be responsible for it.

happymommmy · 02-13-2008, 07:12 PM

Quote:

=desertmomI may be in the minority, but if you don't have constant conversation with them, I'd sit tight and see what happens. It would be the nice/right thing to offer to pay half, but then you would be getting into the "I would have done it myself" / "but you didn't, so we hired someone" argument, when really it would have been best to discuss it all ahead of time. What does your dh want to do?

I'm with desertmom! If you don't want to be in that position, then just sit tight and wait to see what happens. IMO, I would go talk to them and get to an agreement. (maybe they are doing the work, and not hiring someone.) I would feel kindda bad if they paid for everything and i knew that half of it was my responsibility. JMO.