Neighbor won't agree to share cost of replacing fence

Member since 2018 · 19 posts · 11 votes

We've owned the property about 6 months and have fixed a lot. Now it is time to fix the fence. The wood is ugly from weathering, it is literally falling down; a whole section of it loses attachment at either end, it has multiple patches from holes at the bottom. We talked to the neighbors, and on one side, he is all for it; he wished he could've done it with the previous owners.

The second neighbor said it isn't necessary. This is the side that is literally falling down. She said that only the posts need to be replaced, and she has a guy to do it for $400. However this is a bandaid on a bullet wound. Her property clearly gets little care.

1. What should I do?

2. Do I have legal recourse to obligate the next door's landlord?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

This is a common tactic. One neighbor doesn't care so the hold off until you decide to foot the bill yourself. If they think it can be repaired for $400, ask if they will pay $400 and you can apply that towards the new fence. Otherwise, you'll have to suck it up and deal with it.

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
6y
No. If you want the fence replaced and the neighbor doesnt....you need to ask permission to do so, and pay for it.
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Anthony Hurlburt
Salt Lake City, UT · Member since 2016 · 199 posts · 190 votes
6y
You have not legal recourse, unless fences are required by law. Which I highly doubt.If you feel replacing the fence on that side if important it's on you.
1 Reply
Mark Fries
Contractor · Jacksonville, FL · Member since 2017 · 1k+ posts · 2k+ votes
6y
@Timothy Duggan
If you want it done, your gonna have to pay for it.
3 Reply
Account Closed
Specialist · San Antonio, TX · Member since 2012 · 865 posts · 351 votes
6y
Like all the others said.. It’s on you. As far as legal recourse that’s so over kill don’t know why that was even mentioned.
0 Reply
Ronald Starusnak
Property Manager · Syracuse, NY · Member since 2016 · 601 posts · 384 votes
6y
Just bite the bullet and pay for the fence. You can't force anyone to spend their money on something that isn't necessary.
1 Reply
Lee Bell
Real Estate Appraiser · Isabella lake, CA · Member since 2018 · 628 posts · 491 votes
6y
Just make the good looking side of the fence faces your property, and they can look at the ugly side. ;>)
4 Reply
Account Closed
Lexington, KY · Member since 2018 · 169 posts · 77 votes
6y
legal recourse? if you want to force people to do what you want join the mob
3 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
This is a common tactic. One neighbor doesn't care so the hold off until you decide to foot the bill yourself. If they think it can be repaired for $400, ask if they will pay $400 and you can apply that towards the new fence. Otherwise, you'll have to suck it up and deal with it.
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Craig Jeppesen
Rental Property Investor · Chubbuck, ID · Member since 2018 · 532 posts · 466 votes
6y
We have built two houses to live in and I have put up a vinyl fence in both times. Both times, I asked my neighbors if they were willing and able to pitch in. Both times one did and one did not. I don’t worry about the one side not pitching in. It was my idea and they might not have the funds. Put up the fence and move on.
1 Reply
Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
6y
We've had the same problem. The rental is a half-duplex with the other half as an owner-occupied, and the owner was poor white trash that seemed to hate us immigrant trash and resented us for having more than him. It was this dinky fence run of thirty feet and he kept on telling me it was going to be incredibly expensive to put in professionally and looking at me doubtfully when I said I would put it up. Like he couldn't imagine a guy without a Pennsyltucky hillybilly twang putting in a fence. This guy was all banjo-picking country attitude, no real skills. We get a lot of trash here like that.

I finally put up the fence and not two weeks go by before he starts commenting on how the fence is all wrong, it's obviously going to fall down, how I should have used nails instead of deck screws, how he KNEW that fast-setting concrete "hain't no good" in post holes, I should have used regular concrete. This guy was unbelievable, playing 60-something weekend-warrior home improvement guru to me.

Fence is still there, four years later, nothing wrong with it. Neighbor's still a know-it-all white trash a-hole, still broke. I'm just looking forward to the day when they cart him dead out of there and I end up owning both sides of this duplex, probably at a cut rate because his kid apparently wants nothing to do with him.
1 Reply
Fred Cannon
Rental Property Investor · St Augustine, FL · Member since 2019 · 265 posts · 279 votes
6y
@Timothy Duggan put up a fence on the inside of the old fence. That way you have a new fence and the neighbor can keep the old fence or go to the expensive of removing it.
5 Reply
Pat L.
Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
6y
Originally posted by @Fred Cannon:
@Timothy Duggan put up a fence on the inside of the old fence. That way you have a new fence and the neighbor can keep the old fence or go to the expensive of removing it.

that's exactly what we did....
2 Reply
Chris Szepessy
Catskill, NY · Member since 2018 · 636 posts · 668 votes
6y
To a lot of people, a house is just a place to live and they don't care what it looks like, so spending money on a fence is just wasting money. Or maybe she really just doesn't have the money to help replace it. And I don't think they're under any obligation to do so. Like @Nathan Gesner said, ask for the $400 and apply it toward the cost and move on. I wouldn't start a war over it.
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Justin Tahilramani
Rental Property Investor · Fayetteville, NC · Member since 2014 · 884 posts · 670 votes
6y
Legal recourse? That was not intended to be taken seriously- was it? That would be like stepping over dollars to collect pennies. Suck it up and replace the fence if that's what YOU need/want. Don't think that you should be entitled to force a new fence upon your neighbor when all they want is a repair.
2 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
@Account Closed If they have a guy who will replace the posts for $400, take the $400 and use that towards the cost of a new fence. I agree with Lee who said to put the good side of the fence facing your yard for that side.
If you are planning on holding onto this longer, consider using metal posts anchored in concrete. You may need to replace the boards on the fence itself, but the posts will last a long time. Also look at the cost of cedar vs other wood and think about the time and cost associated with upkeep and painting.
1 Reply
Joshua Howaniec
Contractor · Indianapolis, IN · Member since 2016 · 267 posts · 144 votes
6y
Your legal recourse is to pay for it.
You don’t need an angry neighbor anyway.
0 Reply
Account Closed
Member since 2019 · 1k+ posts · 1k+ votes
6y
@Timothy Duggan
“No problem, how about you pitch in the $400 towards the posts and I’ll make sure the entire thing (not just the posts) gets rebuilt by a pro who does it for a living. This way you’re not out more than you need to be and we’ve got a fence that will last long enough that neither of us ever have to kick in money again. Does that seem reasonable to you?”
Very difficult for someone who sees the whites of your eyes to tell you you’re being unreasonable. It’s powerful phrasing.
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y
For all the people telling you that you have no legal recourse, they are very possibly incorrect. It depends on your location and local laws, who actually owns the fence, and does it sit on your property or the property line. Due to an extremely similar fence issue between me and a neighbor, I know way more about fence law that I ever wished to.
In my area, if a shared fence is in need of repair or replacement and one owner does not want to pay or have the work done, the other owner can go to court and convince the judge that the work is necessary and the judge can order the other party to pay 50%. In your area, that may be as simple as paying a small court filing fee.
Even if you own the fence 100%, there are locations that will force the other homeowner to pay for 50% of it since they derive benefit from it.
1 Reply
John N.
Panama City, FL · Member since 2017 · 83 posts · 77 votes
6y
"Just make the good looking side of the fence faces your property, and they can look at the ugly" Very bad idea. This is against code in many places and much more importantly the "ugly" side is the easily climbable side. I'll keep that on my side thank you. I see no reason to provide a ladder to a bad guy so he can enter my property more easily. Kinda funny, put up a fence with an installed ladder.
0 Reply
Derry Williams
Investor · Ontario Canada · Member since 2018 · 7 posts · 4 votes
6y
I share the same sentiment its not neighborly, but no laws are being broken, take the 400 and put toward the fence, make it strong make it nice and hopefully this neighbor will come around in the future.
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