Neighbor's Fence Our Responsibility?

If they wanted you to contribute they should've discussed it up front and you should have had input into the cost, style of fence etc. It's a bit late now. Is it a done deal? You could say, we would've been happy to discuss it with you before all the decisions were made, etc. This way it isn't really fair to you. But you certainly do want to keep everything friendly!

First, if they replaced it out of want not need, then they should have asked you about contributing first. They can't expect you to pay up for something that you didnt have any say in.
Second, if it is a good nieghbor fence (alternating fence boards on each side) then it is reasonable to share the cost, even if they didnt ask first as long as you are benefiting from the fence and the cost is too outrageous for you to bear.
Third, if it is NOT a good nieghbor fence (all fence boards are on their side) then they have no reason to assume or ask you to contribute. they are receiving the benefit of the fence, not you.
I hope this helps!

I would say no, if the fence in on their property. Also, they could have just fixed the part that was damaged without buying a whole new fence. If you are asked to pay for part of it, then you also should have been in on the decision in the first place.

I don't know what proper etiquette is considered, but I can tell you about the zoning and legal guidelines. A fence should be installed on only one side of the property line. The fence should not be placed exactly on the property line (so that the fence touches both pieces of property.) In fact, your ruling Zoning Board may have very specific guidelines as to the minimum distance between the fence and the property line. Hence, the fence belongs to the property owner on which it stands. That person is responsible for all financial and/or maintenance issues. If you want to make financial contribution, you can feel free to do so as a neighborly gesture -- but it certainly is not required. Further, if your neighbors move, the new property owners can tear down the fence if they want -- leaving you with a monetary contribution towards nothing. I hope this helps.

The proper ettiquette on this was for them to tell you directly that they are thinking of updating the entire fence so you could decide if you wanted to participate. If you had said yes, then it would have been appropriate to discuss your options and how much of the cost you would be willing to contribute (like 50% of the part that borders your yard).
Since they haven't been forthright with you about it to avoid awkwardness, I would suggest that you just say to them whatever you are willing to do (ie, we would be willing to pay for a portion of a fence that is attractive on our side or we are not interested in paying for the fence or its not in our budget right now or whatever is your honest but diplomatic opinion). Since they are assuming you should pay, expect that if you don't they will not be happy about it. If the most important thing to you is to maintain the relationship then think about putting up the money as an investment in that. However, the fact remains that you are not obligated to pay for any of it since you did not cause the damage or are asking for a change.

If the fence NEEDS to be replaced, then yes, you are responsible for half of your shared section. If they are doing this because they want it all to match, that is their choice to change the fence and I would say that they are responsible. Have they even shown you the design, or asked for any feedback, or just told you that you owe $X (I realize not in so many words).

If they hint at this again, just mention how lucky they are that they can afford to replace their entire fence in this economy, and that you don't have the funds for aesthetic changes now.

Since this fence goes around their whole property, and I'm assuming they are the ones that put it up in the first place, and they are the ones wanting to replace it, it seems to me they are responsible for it 100%. Wasn't your idea to have the fence there in the first place!

That seems like me saying I wanted to put a pretty fountain in my yard, but since you can see it from your yard, you should help me pay for it! LOL

When we first moved into a home, the lot next to us had not been developed or even delineated by a fence. When it was purchased, the new owners talked to us about any choices we might like as far as fencing the one side that bordered our property. We offered suggestions and they gave us estimates as to the cost and we offered to pay for half, but we felt it was better that way because we were very much involved in the type of fencing under those terms. Also, we definitely wanted a fence so it was better than us paying 100% for that portion. (Up until then it had just been basically one property).
In that case, BEFORE any of the work was done, and we were given input etc, we were fine with sharing the cost because NO fence had existed before.
A car hit their fence. If it was a random car, it seems that there would be insurance to pay to replace that portion of the fence and repair it to look the same as the old fence.
A decision to completely renovate the entire perimeter seems outside the scope of that. I'm sure they'd love to offset some of the cost, but I don't know that you techically should be responsible for assisting with paying for it. If the fence is technically on their property, it's their home value that will be increased by the new fencing.
I would maybe contact your county zoning commission and ask them what they say or who you can contact about it.
I personally don't think you should be obligated in any way.

Let us know what you find out.

Our shared fence blew down in a storm and had to be replaced. I just contacted the neighbor and she said she was fine with me getting a few estimates and then we split the cost. If it's a shared fence, you split it. (our insurance company assumed we'd split the cost with the neighbor) However, if there's nothing wrong with the fence (it's new and in great condition), then I would say that you don't see a need to replace that section for cosmetic reasons. I would just say that if the fence was damaged in the accident, you'd gladly pay your fair share, but that since your section is fine, you're not paying for a new fence for cosmetic reasons. It's quite expensive to replace a fence. Even the short section we had replaced was around $2,000. Thankfully, insurance covered some of it, but we still had to cover the rest.

If you didn't feel like the section of the fence that borders your yard needed replacing, I don't think you are obligated to pay for replacing it. I mean, they could have repaired only the damaged portion which doesn't border your yard.

Check your deed restrictions to make sure your neighborhood doesn't have any regulations regarding replacing fences in terms of sharing cost or what type can be put up.

Our whole fence was knocked down due to a hurricane, and we told the neighbors on three sides we planned to hire a company to replace it on a certain date (if they wanted to hire the same company) and asked if they would be willing to split the cost of the new fence. However it was the type of fence where every section alternated which way it faced, so there was no difference between sides. And we didn't complain when two neighbors opted to pay less (they found a cheaper estimate, but we chose to go with a more reputable company).

The right thing to do is to let them pay for THEIR fence. You didn't decide to replace the entire thing, they did, therefore, THEY need to pay for it. Don't let them bully you into paying any portion of it, it's not your responsibility to make their yard look pretty.

No. You are not responsible for their upgrade. They could have repaired the broken section at a much lower cost. Be sure you know precisely where the lot line is. If it's their fence, it should be an inch or two on their side of the line. If they are doing this properly, they should have their lot surveyed (and they pay for that, too). We moved from a massively fenced, non-HOA old neighborhood a few years ago. Plenty of people had back to back fences so everyone had the 'nice' side facing their own yard. Plenty of other people had up to five different fence styles boarding their yards as well depending on how your lot backed up to your neighbors. Since you like these people, if you want to (and/or can afford to) help them with their cost, you will need to know the price of the whole project, and how exactly they calculate 'your' portion of the fence. I wouldn't accept any number they come up with without knowing how they arrived at it. It might be a reasonable number or they might come up with something that's completely un-acceptable.
An excellent book which you might want to read:
http://www.amazon.com/Neighbor-Law-Fences-Trees-Boundarie...

The "nice side" of the fence is supposed to face the neightbors, not the homeowners. Also, did their insurance cover this? You might want to ask that. If a car hit the fence, that person's insurance should pay for it. If not, then your neighbors homeowners insurance might be paying for it. Find that out before you pay them anything. I have never been in this situation, but I feel that this is NOT your responsibility. The fence is not going to increase your property value, its going to increase theirs so they should pay for it.

If that portion of the fence is NOT damaged then you do not have to chip in to get it replaced... plus that if they replaced the fence THEN asked you to chip in without letting you get to see a quote and have any decisions then they did not follow the correct procedures there for forgo the right to make others share the cost.

Also I would make sure you know where your property line really is, if the fence is right on the property line then you share the fence BUT most times the fence is a little off the property line fully on the other property. In that case you do not ever have to share the cost.

Was there anything wrong with the section of fence that boarders your yard? Did you damage the fence? If not, than I would tell them that you are fine with keeping the old fence, and that if they choose to update for cosmetic reasons you are fine with that but are not willing to pay for it.

It is their fence, their responsibility!

DId your car or guests hit the fence? If so, yes you would be responsible for a portion but not the total upgrade.

I'm in Plano (Dallas burb) and when we replaced a side yard iron fence, we were doing it because dogs were getting through the slats. That neighbor also had dogs that got through to our side so we split that bill.

Now my neighbor on the other side waits around for someone else to do things so he is not out any money. He's got the $ , He just likes to bum off others. He got 1 side replaced when a neighbor built a pool and redid the fence at no cost to him. Now when it comes time to do our side, we will share costs involved or place the fence differently.

Not your responsibility unless you were the one that hit it with the car.

Do you know if the fence is really a shared border, is it in your yard? Theirs? If lies within their property, you have no obligation. If it is shared, You are liable to for half the upkeep. If they choose to upgrade, you are not responsible. But check the laws in your area.

We make sure our fence is within our border, and not close enough for neighbors to hook to. I have had a neighbor that moves, since we would not let them hook to our fence, we would have lost a foot of yard.

I think that this is a tough question because there are so many variables. Do you have an HOA? I know we don't. Is the rest of your yard fenced or just the portion by their yard? In my area I would contact the Township about etiquette or advice about financial obligations, but if they are not working together with you on this, just asking for funds I would say no. My sister is having a strange problem similar, not exactly the same, to this and I'm sure it's frustrating - you have to live by these people so you want to do the right thing, but they shouldn't "bully" you into contributing, especially if they didn't ask for any input.

I can't imagine why you should be responsible for a property upgrade that you don't own? Also I'm pretty sure that the nice side should face out from the property it surrounds (so it should face YOUR property, not THEIRS). If you decide to contribute, it would be because you're a great neighbor and not because you HAVE to. You don't owe them anything, in fact, if you wanted to, you could probably make a big stink about the "side of the fence that faces you" issue. If I were in this situation, it would depend on how much they were asking for. If it wasn't a lot, I would weigh that against potentially losing the friendship of next door neighbors who will be there for many years. Although you don't HAVE to pay anything, maybe for the sake of neighborly harmony you'll decide it's worth it to do just that. Good luck!

I live in MN, we put a new fence up around our last homes yard and I would NEVER have considered asking my neighbors to contribute. That seems very odd to me. It's their fence, on their property (even though it border's yours, it should still technically be installed on their property) and their responsibility.

J.

You are not responsible since it is not your fence. And I believe that the nice side of the fence, the "right side" is supposed to face out so you see that and your neighbor sees the back side of the fence.

People will do things like hint around just to see if they can get a deal or like this get you to chip in. I know, I've seen my grandmother do it and it's embarrassing!

I would report it to the Home Owners Association and ask them the questions you have and have them send out any info to your neighbors regarding them having to pay since it really is there fence.

I am really not sure? The previous owners of our house coordinated with all 3 of our neighbors that "share" our fence line. When it came time to replace the fence which at that time (I was told) was different on all sides as all 4 houses had different fence styles, the previous owners went to all the neighbors and they all agreed on one fence type and then agreed to pay for all of his own fence giving each neighbor essentially 1 free side of an upgrade...those neighbors then had the opportunity to ask their other neighbors if they wanted to get in on it as well...and so on and so forth. Consequently, you if you were to see an overhead shot of our neighborhood you would see a nice spiral out of all kinds of houses who have the same fences:) As to the relevance of the "right side" of the fence I am not sure about that either...in my yard the flat side faces out and the side (that I always assumed was the inside) with the bracing boards or the boards you can step on face in towards us?

Our neighbors on our right had a problem with their dogs destroying our shared side and remembered (they lived here then) that the previous owners paid for all of that side so he asked that we only pitch in $50 and we did...but he was only fixing a small section of the side and doing the work himself.

In an effort to keep the peace I would come up with a number that you are comfortable with and then take it to them and say this is all you have to contribute. I agree that the person who damaged the fence should be responsible, if not someone's insurance so any small contribution would probably be seen as being given in good faith.

You might want to ask yourself if you wanted to upgrade your fence but knew that your neighbors would be benefiting from it would you want them to contribute something? Or are your yards not set up that way? In my neighborhood everyone has a backyard fence and that fence is the property line between houses. Tricky situation because you would hope you could have some say in what happens in your own yard (that you have to look at) but at the same time they have a right to their yard looking the way they want it too? IDK...Tricky!

Our fence borders 4 neighbors (we are on a cul-de-sac), and we'd take full responsibility for any portion of it that needed to be replace. We built the fence in conjunction with one neighbor to save on costs, and if that part were damaged, we'd certainly confer with them before any adjustments, etc.

Any other portion would be our responsibility in my opinion. In fact, we pulled our fence in 18 inches on one side to avoid a drainage swail - we cut the grass behind there so the neighbor on that side doesn't have to maintain what is technically our responsibility.

Our HOA has strict guidelines for types of fencing, height, styles, so we're not really at liberty to make such decisions. But, I'd never ask or assume that a shared neighbor would have to pay to replace it. Honestly, I believe it should be the responsibility of the person who hit it (the affected portion, at least).

People can really be strange.

Usually law states that the "right" side of the fence should face outwards, i.e. it should face you. I'd look into that. And I'd just brush off their hints that you should help contribute financially (which is outrageous, BTW).

J.
www.UrbanSuburbanFamily.squarespace.com

I don't think you should have to help foot the bill if there is nothing wrong with the fence. In Chicago, a lot of neighbors do get along but if a neighbor decides to replace a fence, I have not known anyone to ask if they mind. My grandmother's neighbor replaced a chain link fence (did not ask her anything about it) with a 6 ft high solid fence and it made the small yard seem even smaller. She had no say so and she was not asked to contribute. There was an accident a few blocks down from us a few years ago and it destroyed most of the fence the car hit. The peson affected tried to make the person pay but the town refused to force the issue since the whole fence did not have to be replaced. I am guessing your neighbor is on a corner lot and wants you to help pay for the part that borders your yard. If you look througout Chicago, not all fences around entire yards are the same. Everyone would have the exact same fence.

I put in a new fence last year to ensure my daughter was safe and it looked a lot better than the rusted wire that was there before. I didn't ask my neighbor to contribute at all. I don't think they should expect you to do so either. Just ignore their hints. If they want to put in a new fence, great for them. You shouldn't have to pay.