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Old 08-23-2015, 02:33 PM   #41
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I only wish I could post a photo here.
What is preventing you?
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Old 08-23-2015, 02:54 PM   #42
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I think he doesn't know how to post a personal photo. And I admit, I don't either.
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Old 08-23-2015, 02:59 PM   #43
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I think he doesn't know how to post a personal photo. And I admit, I don't either.
Step by step instructions: How to add photos to a post
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Old 08-23-2015, 03:18 PM   #44
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One time I had a neighbor that didn't want to assist with a fence I was gonna put up. I basically told him that when I put it up I needed it to be stained for protection and that if he wasn't interested I would put the fence 6 inches inside my property line and paint the side facing his pink. Needless to say he stained it.

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Old 08-23-2015, 06:02 PM   #45
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Could you install and paint it without trespassing?

This whole fence business is more complicated than I thought. In our town fences must be six inches inside your propeerty. The owner pays 100% unless the neighbor wants to kick in voluntarily. Kicking in $$$ gives the neighbor no partial ownership or rights. Repairs are the responsibility of the owner.
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Old 08-23-2015, 06:09 PM   #46
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I grew up in an East Bay Area neighborhood and know exactly what you are talking about. My parents' house was bordered by 3 fences. The lots are the size of postage stamps. The one on the uphill side was replaced first and both my parents and long time neighbors paid equally for it-a very nice fence replaced it. The downhill neighbors were there almost as long. Only part of the fence actually came down in a storm. However, the neighbors and my parents agreed not to repair it, since neither had dogs and the part that came down was next to their over large lemon tree. They begged my parents to take lemons at will! Eventually it was repaired before my dad sold the house and moved away. I was sad to see that open area disappear, as it was a symbol of neighborliness and I got lots of free lemons too.

The fence at the back was the problem, as it faced two overlapping yards and leaned farther and farther over into the neighbors' yards due to the hill there and the poor construction. Finally my parents just paid to have it redone, as they never got any help from those neighbors.

I would negotiate with the other neighbors then pay the portion of the recalcitrant neighbor yourself. Then you get to choose the contractor and type of fence you want. Do not bother to attract his ire, if he is already making things difficult on his street. Give him the courtesy of notice that you will be bringing in a contractor to repair the fence, and when that will occur.

Here in the east, outside of the megapolis, many yards don't have fences. We had a fence when we moved in. We replaced it about 3 years later--it was all within our property line. Our neighbors decided to put in a pool, and asked if their fence could simply come up to the end of ours. We said sure. So there is a 1-2 foot strip of our property inside their fence, but none of us hope to care about it for at least 20 years, when somebody eventually sells.

So yeah, they are supposed to pay for it, but it's probably not worth your peace of mind to try to get that neighbor to cooperate.
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Old 08-23-2015, 06:18 PM   #47
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....Our neighbors decided to put in a pool, and asked if their fence could simply come up to the end of ours. We said sure. So there is a 1-2 foot strip of our property inside their fence, but none of us hope to care about it for at least 20 years, when somebody eventually sells....
Be careful of adverse possession where the neighbor can lay claim to that 1-2 feet along the fence that they are using. It is easy to avoid any adverse possession claim by just asking them to sign a letter acknowledging that you have given them permission to put their fence on your property and use that 1-2 feet but that your granting them permission does not give them any legal right to the property. If you have given them permission, then their use is not adverse and the letter proves that you gave them permission and they acknowledged that you gave them permission.

YMMV and consult counsel if necessary.
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Old 08-23-2015, 06:40 PM   #48
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Be careful of adverse possession where the neighbor can lay claim to that 1-2 feet along the fence that they are using. It is easy to avoid any adverse possession claim by just asking them to sign a letter acknowledging that you have given them permission to put their fence on your property and use that 1-2 feet but that your granting them permission does not give them any legal right to the property. If you have given them permission, then their use is not adverse and the letter proves that you gave them permission and they acknowledged that you gave them permission.

YMMV and consult counsel if necessary.
+1 Before I fenced in the ponderosa the old owner let hunters and others access the wilderness through the property. I locked the west gate and gave notice that it was no longer a thoroughfare after 5 years I took the lock off recorded with a photo that showed date and how it had not been used and threw the lock in my tool box. Only one fellow complained that he had to use a 5 mile detour on his motorcycle.
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Old 08-23-2015, 06:56 PM   #49
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On principle if one neighbor sees no benefit in replacing a fence then he should not have to pay a share. Most municipalities have no such sharing law. You want the fence, you buy it, you own it. Its like that in 95% of everywhere else. I have a fence around my entire yard. I paid all of it.


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Old 08-24-2015, 06:15 AM   #50
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my thoughts were I would just hang over the fence and spray it. I didn't care how it looked other than pink lol
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Old 08-24-2015, 07:09 AM   #51
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Be careful of adverse possession where the neighbor can lay claim to that 1-2 feet along the fence that they are using. It is easy to avoid any adverse possession claim by just asking them to sign a letter acknowledging that you have given them permission to put their fence on your property and use that 1-2 feet but that your granting them permission does not give them any legal right to the property. If you have given them permission, then their use is not adverse and the letter proves that you gave them permission and they acknowledged that you gave them permission.

YMMV and consult counsel if necessary.

Probably a good idea. We have a very friendly relationship so it will be easy.


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Old 08-24-2015, 10:06 AM   #52
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Unless you want a fence, why replace it? Obsession with lot fences puzzles me.
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Old 08-24-2015, 10:28 AM   #53
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I went through this issue with a neighbor's tree that was leaning over our deck. I told the neighbor I would pay half if he would also pay half to have the tree removed before it did damage. He agreed, then refused to pay his half. I paid the entire bill.
He later asked me for a favor that would have taken a lot of my time.
NO. And I'm not sorry.
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Old 08-24-2015, 11:46 AM   #54
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It seems strange to me having a law that can allow one neighbor to force another neighbor to spend money they may or may not have. That can result in a really bad situation that can last for years. Any shared expenses should be handled by associations, and they're bad enough.
In my location privacy fences aren't permitted. Fences can't be taller than 5 feet and must be of a type to see through, such as split rail or aluminum rail fences. Only fences adjacent to major roads can block the view. IMO this is much more neighbor friendly because we actually talk to each other. We also pay for our own fence and any repairs. Most people don't even have fences. Only those with dogs or swimming pools/hot tubs tend to build a fence at all.
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Old 08-24-2015, 01:54 PM   #55
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I went through this issue with a neighbor's tree that was leaning over our deck. I told the neighbor I would pay half if he would also pay half to have the tree removed before it did damage. He agreed, then refused to pay his half. I paid the entire bill.
He later asked me for a favor that would have taken a lot of my time.
NO. And I'm not sorry.
I had a similar situation with our "neighbor from hell". The is a big, beautiful maple tree just inside the lot line, but the branches overhang onto my property, and worse, overhang our roof. The old roof was in poor shape but was worse where the tree hung over the roof. When we rebuilt in 2011, I told her that I wanted to trim some branches so her tree would not be over my new roof. She resisted as she likes the tree (we like the tree too). I responded that she had two choices... to become part of the solution and that we would jointly decide what branches would be cut or I would cut EVERYTHING straight up from a foot inside my lot line and the tree would look like someone with a flat-top lying on their side.

She ultimately agreed to leave the decisions as to what would be cut to me and one of her trusted friends.... I would point to a place where I wanted to cut... the friend would nod her head yes... and the tree guy would then cut it.
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Old 08-24-2015, 04:38 PM   #56
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I had a similar situation with our "neighbor from hell". The is a big, beautiful maple tree just inside the lot line, but the branches overhang onto my property, and worse, overhang our roof. The old roof was in poor shape but was worse where the tree hung over the roof. When we rebuilt in 2011, I told her that I wanted to trim some branches so her tree would not be over my new roof. She resisted as she likes the tree (we like the tree too). I responded that she had two choices... to become part of the solution and that we would jointly decide what branches would be cut or I would cut EVERYTHING straight up from a foot inside my lot line and the tree would look like someone with a flat-top lying on their side.

She ultimately agreed to leave the decisions as to what would be cut to me and one of her trusted friends.... I would point to a place where I wanted to cut... the friend would nod her head yes... and the tree guy would then cut it.
Here in California Cal Fire is currently forcing "tree owners" to remove branches that hang over roofs or that are within 10 feet of roofs. Your neighbor -or mine - would not at this point have a choice.
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Old 08-24-2015, 05:44 PM   #57
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I recently had a "fence situation" at one of my rentals. One side of the backyard fence was rotted and parts of it were falling down. The neighbor on that side (also renters) has 2 large dogs that could (and did) easily get through the fence, which concerned my tenants. When I bought the house a couple years ago, the survey clearly showed that section of fence on the neighbor's property and the "good" side was facing them, so I assumed it was their fence.

I contacted the owner of the neighboring house and explained the situation (fence condition, dogs, survey). He had no disagreement with the situation. I offered to pay for half the new fence and handle the logistics. He was cordial and business-like, but refused to have any financial involvement. He claimed that the fence was already there when he purchased the lot and built the neighboring house 25 years prior. Our house is much older and he insisted that the fence is our responsibility despite it being on his property. He also explained that his tenants had never complained about the condition of the fence, although he was surprised it was still standing.

At this point, I considered playing hardball, but it was becoming clear his position was unlikely to change. In this part of Texas, fence cost sharing is a gray area and highly subject to the personalities involved. Had he called me with the same proposal, I would have agreed. I ultimately decided to pay the whole cost myself and just get it done. My tenants already had strained relations with the neighboring tenants over the dogs. So I decided to not make the situation worse by taking on the owner, who said he would speak to his tenants about keeping their dogs contained until we fixed "our" fence. The old fence came down, new fence went up, and both tenants are happy and getting along a lot better.
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