Getting a neighbor to help pay for a replacement fence

I'm pretty amazed at all the people assuming the neighbor is a problem, or doesn't have common sense, or whatever. Maybe I don't know what a Good Neighbor Fence is. I thought it meant a 6' or taller fence (tall fences make good neighbors). The one thing I haven't seen in this thread is the answer to "who owns the fence"? If it's the OP's, if I was the neighbor I wouldn't want to pay for someone else's fence either. If it belongs to the subdivision, it should be the responsibility of the HOA or something. A structure has to belong to somebody. Maybe I don't qualify to live in CA, but I believe that whoever owns something is responsible for paying for, and for making decisions about it. If it's something that's just sort of there and doesn't have a specified owner, the person that it bothers should pay. If they can get the others to pitch in, great. But deciding not to is totally legitimate too. Shrug your shoulders and do what you want to. I can pretty much guarantee that involving gov't officials or lawyers will not lead to happy feelings.
 
We don't have a law like that where I live, but I might be upset if my neighbor wanted me to pay half for one section of my fence to be replaced so my neighbor could enjoy a complete new fence and mine would have this mismatched section that I probably didn't think really needed to be replaced. I think the OP should be happy if any of his neighbors cough up for the new fence, law or not. I agree with others about just taking care of it and moving on with life.

We have a bad neighbor too but as I grow older I think that is a function of group dynamics and if it wasn't him it would be someone else.
 
The "common fence" is common around here in planned developments. The developer puts up the fence right on the lot lines between/behind houses. This makes the backyards "private", and allows the developer an easier sale of the homes. And someone with dog(s) can just move in, no homeowner pre-work required.

Any fences that fence true "common" areas in the development are usually the responsibility of the HOA, but inter-house fences are not.

Once the developer finishes and some time goes by, those inter-house common fences age and eventually have issues. And then it is up to the respective homeowners to hassle it out among themselves. As the fence is ON the lot line, clear ownership is a problem. It's a mess, really.
But the developer got what they wanted, and the new homeowner probably didn't think of future issues. I doubt many prospective homeowners around here would turn down a house because of possible future fence problems... after all, the future isn't today :)

In the neighborhood I live in, no fences were put up before sale, they were all custom homes by many different builders. Homeowners over time put up fences on their own property, so ownership is clear.
However, the city code does not allow "back to back" fencing. That can create a problem as you can not put up a fence on your property if it will be close and parallel to your neighbors existing fence. If you want to put one up on your property, you have to get your neighbors approval that they (or you) will take down their existing fence. So now YOU have the fence. If they have a big angry dog or something, it appears then it will be YOUR responsibility that YOUR fence can keep the critter on their side. So this situation can lead into a gray legal area.
 
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Telly said:
.... However, the city code does not allow "back to back" fencing. That can create a problem as you can not put up a fence on your property if it will be close and parallel to your neighbors existing fence. ....
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Other than it would look a little silly... why not? It's your land.
 
Pay for it yourself and move on. It is IMHO it is a mistake to "take on" a neighbor in such a way. The next thing you know, your car will be keyed or your dog will be missing.
 
Interesting topic. I think the CA law requiring someone to pay for a fence he may not even want is awful. Where I live there is a law requiring that if you choose to install a fence, you must place it 3 feet inside your property line. Then you have to maintain the 3 feet on the outside of your fence or you risk the neighbor claiming those 3 feet as his property! And not many people obey the 3 foot law, and it is never enforced anyway, as far as I know. When I had my fence installed, and paid for it myself, the fence company suggested just putting it 6 inches inside the property line, which is what I did. I still mow and trim the 6 inches on the other side of the fence. Even if I had put the fence right on the property line, I would never dream of getting my neighbors to pay for replacing it. (not ragging on the op, after all the law is the law, in CA)
 
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I had a situation years, ago, and just ate the cost. It isn't worth a fight, possible revenge, time, etc. to fight over the cost. You're right, the neighbor is wrong, so what. We read/see the news every night....big stories are fights, shootings, murders,......people often times aren't reasonable. If you've got the money, enjoy life, be thankful and avoid the hassle. I've found when I "get my nose out of joint", I generally lose if I enter a war based on principle. Sorry .......you are right...... but why add to your misery?
 
harley said:
Maybe I don't know what a Good Neighbor Fence is. I thought it meant a 6' or taller fence (tall fences make good neighbors).
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A good neighbor fence is one that looks the same on both sides, which ensures that no one has to view the "bad" side.
 
I think I would just move on, other than slipping the installer's foreman a $20 bill to be sure all the warped and knot-holed pickets are facing the non-responsive neighbor.
 
jerome len said:
I had a situation years, ago, and just ate the cost. It isn't worth a fight, possible revenge, time, etc. to fight over the cost. You're right, the neighbor is wrong, so what. We read/see the news every night....big stories are fights, shootings, murders,......people often times aren't reasonable. If you've got the money, enjoy life, be thankful and avoid the hassle. I've found when I "get my nose out of joint", I generally lose if I enter a war based on principle. Sorry .......you are right...... but why add to your misery?
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You read stories like this one. I guess you can really make a good point by sticking to your principle and guns! Va. Man Who Shot Neighbor Sues Widow, Continuing Feud
 
is it their right to do so because they paid for that part? If a child was hurt
climbing over the fence, would the parents sue you as total owner or would your
neighbors be involved since they are part owners?
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One neighbor has since painted his side of the fence. Did not even advise me of his actions. I'm OK with that. Since the fence is legally mine (on property owned by me) it is also my legal responsibility alone.

Hey you kids, get off my fence!!
 
Dude, life is WAY TOO SHORT for this kind of nonsense. Find the easiest, least painful way to extricate with neighbor and move on with the fence. Personally, I would have probably just redone my section, letting other impacted neighbors know what I was doing and if they want to piggyback with my efforts (but this approach is obviously too late.)


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I only wish I could post a photo here. One picture and you would all see what I'm talking about. Feel free to PM me your email address and I'll be happy to send it along!

As for the California fence law, for the average subdivision, it makes sense that all parties have equal financial burden.

CA Codes (civ:840-848)
 
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.

JDARNELL
 
JDARNELL

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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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.
 
EastWest Gal said:
....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....
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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.
 
pb4uski said:
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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+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.
 
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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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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