Getting a neighbor to help pay for a replacement fence

[EastWest Gal]

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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[gerntz]

Unless you want a fence, why replace it? Obsession with lot fences puzzles me.

 

[SkisALot]

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.

 

[Dash man]

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.

 

[pb4uski]

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.

 

[SkisALot]

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.

 

[Cobra9777]

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.