Neighbors fence fell down, tenant wants me to fix it

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Neighbors fence fell down, tenant wants me to fix it

Jack B.
Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes

Neighbors wood fence at one of my rentals has fallen down. The posts are on their side of the fence. I explained to the tenant that I will do my best to address the issue, but that I can't force the neighbor to put the fence back up since it's their fence. 

I gave the example of my own neighbors wood fence, it blows down every year during wind storms and they always take almost a full year to fix it. As much as I don't like it, I can't jump my chain linked fence and go fix it for the neighbor or force them to fix it.

I do wonder though, if there is anything stopping me from paying to have the fence fixed myself AND if there  isn't anything stopping me, if I should. 

My thought is that I should, as I wouldn't rent the place like this more than likely.

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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
7y

I would offer to split the cost of replacing the fence with your neighbour if it is on the property line. If it is not on the property line then you put up your own fence if you want one.

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    I would offer to split the cost of replacing the fence with your neighbour if it is on the property line. If it is not on the property line then you put up your own fence if you want one.

    4Reply
  • Shane H.
    Investor · Spokane Valley, WA · Member since 2014 · 175 posts · 94 votes
    7y

    I've read similar posts on things like this such as if a landlord if responsible to fix the jets on a tub etc. And it seems the consensus from those is if you marketed/described the unit to have a functioning XYZ then it is your obligation to repair those "luxuries" when they fail.

    That being said, i would definitely get a fence back up for the tenant. But i'd also try Thomas's suggestion and approach the neighbor about it. Offer to "chip in" since you receive benefit from it too. 

    0Reply
  • Domenick T.
    Investor · Springfield , NJ · Member since 2017 · 192 posts · 93 votes
    7y

    @Jack B.

    Has a section of the fence fallen into your yard but the posts are still intact?

    I’d simply let the neighbor know and ask them to come fix their fence or offer to screw it back in for them as a quick fix.

    Maybe your neighbor has no clue how to repair it.

    Tell your tenant you will address it with your neighbor but you can’t fix it for them and to please be patient while you sort it out. They can move it out of the way in the meantime.

    0Reply
  • Chris Szepessy
    Catskill, NY · Member since 2018 · 636 posts · 668 votes
    7y

    I agree...seems the first step should be talking to the neighbor and seeing if they will split the cost of a new fence, or if you're able, allow you to fix it. The fence may have been a "selling point" for your tenant and even if it isn't your fence, it still gives them the privacy they (tenant) wanted/like. The neighbor may not have the money to fix it, but if the cost is split, they may be able to cover their portion.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    Talk to your neighbor. Seriously, why don't people talk to each other any more?

    Ask if they are willing to repair it. Since you (or your tenant) get some benefit out of the fence, offer to help with the cost of repairs and/or replacement.

    If they neighbor is an *** and refuses to do anything, put up your own fence and move on.

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    3Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    7y
    Originally posted by @Jack B.:

    Neighbors wood fence at one of my rentals has fallen down. The posts are on their side of the fence. I explained to the tenant that I will do my best to address the issue, but that I can't force the neighbor to put the fence back up since it's their fence. 

    I gave the example of my own neighbors wood fence, it blows down every year during wind storms and they always take almost a full year to fix it. As much as I don't like it, I can't jump my chain linked fence and go fix it for the neighbor or force them to fix it.

    I do wonder though, if there is anything stopping me from paying to have the fence fixed myself AND if there  isn't anything stopping me, if I should. 

    My thought is that I should, as I wouldn't rent the place like this more than likely.

     I would tell the tenant that it's the neighbors fence & if it's a concern of the tenant's you recommend the tenant speak to their neighbor about it. Other than that remind the tenant that rent is due on the 1st & to call you if there is a safety concern with the house.

    0Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y

    have dealt with this fence stuff for decades..

    we ask neighbor to split it..  about 1/4 of neighbors will the others wont do a thing.

    then we just build a fence on our side of the property.. line and call it a day.   And its highly regional.

    in my Oregon communities I build I include fencing including one man door.  

    and in areas were it snows you don't want a lot of fencing.. 

    so just depends on were the property is..  however neighbors fence not on the property line you have no control over.

    so you either as stated talk to neighbor get them to fix.. or offer half  or just build your own.. if its justs a short side yard run wont be more than a grand or so..   no biggee

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  • Jack B.
    OP
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    I haven't had a chance to follow up on this here since I was at the house dealing with this. Fence appears to be on the property line, rotted boards, no posts in the ground. Neighbor is a renter. Gave me landlords info but said he is hard to get a hold of. I found that to be accurate.

    I don't know if there is a legal issue with me replacing that 25 foot section that appears to be on the property line. For the sake of being able to rent the place again, I'd pay the 1K for the fence replacement (section that is down). Not happy about it but better than running a slum like he seems to run.

    0Reply
  • Mike S.
    Rental Property Investor · Huntsville, AL · Member since 2013 · 419 posts · 323 votes
    7y
    Originally posted by @Jack B.:

     As much as I don't like it, I can't jump my chain linked fence and go fix it for the neighbor or force them to fix it.

     Not clear, but you have a chain link that is intact around the yard or is it a shared fence portion that is incomplete by their fence falling?  You can ask your courteously neighbor to replace it.  If you were using it as part of your perimeter, you can also just complete the chain link on your property if they don't want to.  If not, and your perimeter is intact, then there is no need to do anything, IMO.

    0Reply
  • Jack B.
    OP
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Mike S.:
    Originally posted by @Jack B.:

     As much as I don't like it, I can't jump my chain linked fence and go fix it for the neighbor or force them to fix it.

     Not clear, but you have a chain link that is intact around the yard or is it a shared fence portion that is incomplete by their fence falling?  You can ask your courteously neighbor to replace it.  If you were using it as part of your perimeter, you can also just complete the chain link on your property if they don't want to.  If not, and your perimeter is intact, then there is no need to do anything, IMO.

    There is no chain linked fence in this section, just wood (his fence) for privacy. I think I will pay to replace it. I wonder if I should just leave the old  boards in his yard or pay to haul it off when the  job is done? Since he doesn't seem to be offering to pay anything (no response in 2 weeks) I figure I might as well save myself some money and leave his old fence boards in his yard to deal with.

    0Reply
  • Josue Vargas
    Real Estate Agent · San Antonio, TX · Member since 2017 · 814 posts · 466 votes
    7y

    I'm going to tell you what I'm doing for my primary property, not one of my rentals...

    High winds turned down 1/3 of my fence line, facing the street. It's a nice neighborhood, need to comply with HOA regulations. Wooden fence on property line with my back neighbor is in state of repairs, some post bending into my property... and I want to address the this issue now rather than coming back later.

    I had try to communicate with him several times, mainly asking just for 1/2 material cost between our fence line, me absorbing all labor costs.  Four days has passes, nothing from him.   I have sent letters, go to his house, no response at all. 

    I'm buying the materials, and I WILL install a new fence on my property, just 6" shy from the property line, same height.  He can not stop me for doing that.  Not my choice of preference, but I need a new fence and I don't mind to loose 6" strip of land on the backside of the house. Survey plots are established/recorded, no lost on property area thought.    

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