By-law. If you go to small claims court . That neighbor receives the value added to their home for having the fence. If the Neighbor doesn't like the responsible parties solution they are free to put their own fence, at their own expense, on their side of the boundary. Angry neighbors also won't generally take on a share of the cost of fence replacement, which could leave you with a pricey tab to pick up. Go to mediation. How high can your fence be? Please note – work must not be commenced prior to an agreement being reached between the parties. You can break this down for each neighbor with whom you share fencing. We are completing the fence of our yard and shared the cost with one neighbor and another one is willing to pay us as well. If you share only part of a fence with a neighbor, get an estimate per linear foot and measure your shared length. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence. This means of course that one particular neighbor owns the fence. I'm going to approach them to split the cost - and I'm certain the neighbors on either side of me will agree to it - but I don't think the neighbors behind me will. When sharing the cost of a dividing fence with your neighbour, is it possible to approach the topic and get the desirable outcome you need? If you don’t have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). To be safe, install your fence 1-2 feet inside the official boundary lines. It could help you to keep a good relationship and will probably be cheaper than paying a solicitor to resolve the disagreement. However, where one neighbour wants more work done than is necessary for a sufficient dividing fence, they can pay the extra cost. If you accidentally build on your neighbor’s property, you might have to tear the fence down later, so take your time and study your plat (a drawing that represents a survey) with your neighbor. What are my options to get us moving? Download Printable Contract (.DOC format) Formatted and ready to use with Microsoft Word, Google Docs, or any other word processor that can open the .DOC file format. When the law clearly indicates that you should share the cost with a neighbor, you can consider taking it to small claims court. That changed in the 1980s, when the Legislature passed a law known as the Good Neighbor Fence Act. Face the Finished Side of the Fence Toward Your Neighbor. it is expected that most lots will be arranged such that they own 50% of the fence around their property (i.e. 3.7K posts 27 February 2017 at 4:44PM. WF75194 Application for Fence Cost Share Form Template Owner: Usha Chatwani Effective Date: 02/20/19; Revision: R7 Page 1 of 5 APPLICATION FOR COST SHARING OF GOOD NEIGHBOR FENCING Tel: (408) 630-2650 Fax: (408) 979-5635 5750 Almaden Expressway, San JoseCA , 95118 . The cost to repair, maintain or reconstruct existing division fences must be shared equally by both property owners, based upon the type of fence in place. The back neighbor is a nut case and will not even discuss sharing cost. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Who is responsible for the cost of a fence. But, to quote the lyrics of a good old Aussie TV soaps’ theme song, “Everybody needs good neighbours. The 2 side neighbors are willing to go half with us on the cost. Read about your responsibilities as a fence owner for the rules you should know before starting work. Everyone was very friendly about the whole thing and they went ahead without her using a style that looked nice on both sides. richardhay makes a good point -- where I live the party erecting the fence is expected to put the "good" side facing his neighbor and the "bad/interior" side facing his own property (best example is a wooden fence). However, the non-cooperating neighbor is required to provide “reasonable proof” to support the contentions. This basic cost is defined as the cost of erecting a 4 foot chain link fence to minimum construction standards. Then write a demand letter requesting payment from the neighbor. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. Some fences have a good side and a bad side. Depending on your situation with your neighbors and their finances, paying for the new fence yourself may be the most hassle-free way to get your new fence, and there are other … The 3 sides of our back yard have a very old chain link fence. Neighbor Fence Contract Create your own printable contract — FREE! Get it in Writing. Avoid fence repairs by maintaining your shared backyard fence. If a property owner installs a fence completely on their side of the property line, the fence is theirs. Re: sharing fence cost. Have the repair work performed. He refused by stating that the previous owner agreed to replace the fence at its own expense (no written trackrecord of the agreement). Existing Fences. It is in your best interests to speak with a qualified lawyer for those special circumstances. You might get along well, be friends or maybe strangers overall. Situations Unfavorable for Cost Sharing. Should the owner of the boundary be the one that pays for the whole fence? Are there other restrictions? In the extreme circumstances, the non-cooperating neighbor can rebut the presumption of equally sharing the costs of the fence. Hi, this is my first time posting on HT but been a long time lurker. What do people do when people don't want to pay for a needed new fence? The fence cost $1,785, and I had expected my neighbor to pay for half of that. If your neighbour owns the wall or fence. The total "cost" of the fence should be split 50/50. The neighbor's labor is technicaly not a cost since he didn't pay anyone - but if you want to be a good neighbor, you should offer to pay something for the labor, which you would have had to pay for anyway if a third party contractor did the job. 27 February 2017 at 4:44PM . An agreement may be in any form, but it is recommended that the attached form be used. In the spring we will be replacing it with a wood privacy fence. Maintenance is the Best Option to Keep Fences in Great Condition. Richard A. Rodgers, Esq. Check the Law. The statute now requires a landowner who intends to incur costs due to constructing or repairing a fence shared with an adjoining landowner and who wishes to have reasonable contribution toward those costs by the adjoining landowner to provide the neighbor written notice at least 30 days prior to any construction or maintenance of the fencing. Even in situations where two neighbors agree to share the cost of a portion of fence that will be between their respective properties, it is still best that the fence be on one side or the other. Then most likely you are sharing a fence with your neighbour, or maybe even neighbours on both sides of your house. And so is the bill for it. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. In most states, if a neighbor uses an existing privacy fence to enclose part of their property, that neighbor becomes responsible for one half the cost of maintenance and repair of the common fence. There is no strict formula used by the courts to determine the sharing of costs between neighbours. Consequently, when a fence needs repair, both property owners must share the cost. I do not want to go to court for a fence but in the meantime I want my neighbor to pay its fair share. If you have a boundary fence and the neighbor refuses to pay for their share of the repair costs, you may decide to take legal action. 03-07-2012, 08:34 … The bad side is usually where the rails and posts are while the good side is smoother and more polished. If the fence is actually on the boundary line, you are probably liable for half the cost. If the neighbor still refuses to pay, the fence-building neighbor can (after having conducted due diligence and armed with proper documentation), file suit for contribution from the neighbor for their share of the costs. Try to get at least three estimates. If you share a fence with a neighbour, you should chat to them to discuss sharing fencing costs. When neighbors sued a neighbor over the cost to repair or replace a fence, trial judges had little guidance with regard to who was ultimately responsible. However, this can work well, as aforementioned, if the fence line is entirely located on your property. When it comes to upgrading or fixing your fence that has been dividing two or three households for many years, then sometimes not knowing the legal obligations can make the relationships worse. If you need to find out who owns the property you share a fence with, please complete a Request for Information - fencing form with: your details; why you need the information; a copy of your ID (driver's licence, rates notice or birth certificate). There will be a fence law for your region so check it out. The law itself was put into the California Civil Code in Section 841. With a little understanding, you can find the perfect blend”. You may want to make a trip to your county courthouse to use the law library. 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