Neighboring property owner wants to replace common fence- Advice?

Question

Hello all, I was looking for some advice.

Last September, I purchased a duplex which I live in one unit and rent our the other.  Today, I was out front when the property owner behind me stopped by and presented a work proposal to replace the fence that we share.  He is redoing the fencing for his whole yard and has asked that I share in half the cost of the fence that divides our two properties.

He says that the fence needs replacement because its old and has termite damage.  I agree there are parts that have termite damage, but for the most part the fence seems like it could be good for a few more years.  The fence is not leaning and seems solid still.  There were 2 fence boards that needed me to secure with screws after they came loose and when I did, I noticed that the backing/supporting 2x4 was pretty deteriorated, but the fence boards went back into place well enough.  I think this is something that will need to be done down the line, however... if it were up to me, I think this would be something to consider a few years in the future due to the fence being still sturdy.  My shared cost would be $550 for an estimated 40' of shared fence line.

See picture of fence and work proposal

My question is how would be the best way to handle this situation from a landlord/owner point of view? Any advice would be appreciated.

Mark Holencik · Answer

The guy is doing all the work. You just have to write a check.

Mark Holencik · Answer

I did not say you are obligate to  pay. I just said it is a good deal.

I try to be a good neighbor.

I try to make my properties the best looking in the neighborhood. I do not want to be the house that you know is a rental. When you go on a street  you can pick out the house that is a rental. it is always in need of some kind a maintenance. The owner is trying to squeeze every dollar he can out of the property.

Matthew Olszak · Answer

@Darek J. If you want a new fence, this is a deal. If you don't care, then don't agree to pay. I'd personally let him pay it all, the fence looks good enough to me for a rental. If anything I'd take that $ and get a survey to make sure the fence isn't encroaching on my property. Since the posts aren't on your side, it's likely his fence, so he can be responsible for fixing/replacing it (unless of course you want/need a fence anyway). At the very least, if you pay, get an easement drawn up so ownership of the fence is shared. It seems like a lot and a silly point, but this comes up more often then you'd think.

Mike Cumbie · Answer

Generally I would say not to pay for it, if he wants a fence on his property he is more than able to buy himself one. However in your case it looks like your fence ties into it at the end and the little dog fence there is attached. Plus it looks like someone from your side painted it at some point so that sort of gives the impression that you are caring for it on your side. So I would most likely pay for it. I would make sure that your tie ins are included in the price though. If I'm paying half I want my fence reattached at the ends as part of it.

Account Closed · Answer

it all depends upon if you want to be known as a good guy or as an asshole.

Frank Chin · Answer

Agree with most of the pros and cons.

When I started REI, the idea is to buy something such as a duplex or 3 family, live in it a while, then keep it, buy another one and move on. So if a similar situation came up, merely from the standpoint of goodwill, it's worth it.

I own rentals in areas predominated by owner occupants. They don't like absentee owners, and take any opportunity to file a complaint. So if you build up good will going forward, it's a plus for you.

As an example, I own a SFR where it's the only rental in the area, in a good school district. Result is the demand is high. On the flip side, neighbors find things to complain about, so I give my phone# so they can call me before they call the town. I also know there's several additions to the house done before I took over needing a variance before I sell. When this happens, variance public hearings are held, letters sent to neighbors, where they can object. Imagine if a neighbor next door remember the nasty way I handled the fence issue, and objects to the variance, and it'll cost me thousands of dollars to tear down the enclosed breezeway.

Better for you to say, things are tight right now, would you go for $300.00.

Deanna McCormick · Answer

It's really not a shared fence ,,,,it's either his or yours.. from the looks of his bid i'd say the original fence is his,..

Like they say fences make good neighbors..

Any questions about lot lines?

If it's not totally in your budget pay him 1/2 and 1/2 later I'd ask how far apart the support posts will be, on this style fence so the support may be improved if needed.

but personally sounds like a fair proposal

Neighboring property owner wants to replace common fence- Advice?

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