Replacing fence and neighbor

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Neighbor wants to replace the old fence and asking to share the cost

Wow. OK.

Negotiate with them to build the fence several feet into their property, as far as possible. In 15 years, claim Adverse Possession.

Nice try, but not how it works - especially if you negotiate.

Verbal only.

Nice try, but still not how it works.

[Anonymous]

Anonymous wrote:Neighbor wants to replace the old fence and asking to share the cost. They will do it themselves as they are in the business and want us to share half the cost. Their estimate was about $2500 total for about 40 feet which seems a bit pricey. They mentioned about the fence being a few feet off the property line and they have put in iron posts to mark the actual line. We did a full survey several years ago it goes a couple of feet into their property on one end and into ours at the other end. I don't want to pay for a survey again to come and note the line and they said they don't want to pay either. I am ok to share the cost but concerned about the neighbor putting it up themselves. We don't live there so we won't be able to check on the project daily. Anyone btdt and thoughts on how to handle this?

What type of survey did you do?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Neighbor wants to replace the old fence and asking to share the cost

Wow. OK.

Negotiate with them to build the fence several feet into their property, as far as possible. In 15 years, claim Adverse Possession.

Nice try, but not how it works - especially if you negotiate.

Verbal only.

Nice try, but still not how it works.

Okiedokie, since the sarcasm is not obvious to everyone here...

Build the fence yourself: erect an “open”, “notorious” – in plain view to the neighbor - wall providing you "exclusive" and "continuous" possession of the neighbors property. Reid v. Anderson, 13 App.D.C. 30, 36 (1898); see generally 5 POWELL, supra, § 1013(1), at 91-11; 7 THOMPSON, supra, § 2543, at 604. Absent evidence to the contrary - Gary v. Dane, 133 U.S.App.D.C. 397, 399, 411 F.2d 711, 713 (1969); see also Kogod v. Cogito, 91 U.S.App.D.C. 284, 286, 200 F.2d 743, 745 (1952) – when the statutory period expires (15 years most states) the possessed property "ripens" into an original title; title so acquired by the adverse possessor cannot be divested by acts other than those required where title was acquired by deed. See also Baker v. Oakwood, 123 N.Y. 16, 25 N.E. 312 (1890); Connell v. Ellison, 86 A.D.2d 943, 944, 448 N.Y.S.2d 580, 581 (3d Dept.1982); 5 THOMPSON, supra, § 2541, at 585-87.

The real answer is the neighbor pays for their own fence.

(The suggestion above was sarcasm, in case anyone else is having difficulty catching on: no, do not attempt possession.)

[Anonymous]

Thank you for the responses. Basically I don't want neighbor to change the location of the fence and come into our front yard, its already very small. It's a side fence to our property and backyard of their house. We did a land survey to build/remodel our home and at that time the fences on either side were a couple of feet off but it didn't impact our plans. I am very non-confrontational so is there a nice way to say to neighbor we don't want to pay for it. I don't want to get into the issue of where to put the new fence. I was initially thinking ok I can pay some but then looks like that will give neighbor permission to put it into our property.

[Anonymous]

Anonymous wrote:If they want to replace it then they pay. You are not obligated to subsidize them.

+1

[Anonymous]

Wow. We must be lucky. We had to replace our shared backyard which borders three other yards. 2 of the 3 offered to split the cost with us 50/50 when we mentioned replacing it, and the 3rd just asked how much it was and gave us a check for almost half the cost.

Two of our neighbors have also split the cost of removing large trees between our homes... no one got out their land survey's and measuring tape to see who had to bite the bullet.

[Anonymous]

Anonymous wrote:Neighbor wants to replace the old fence and asking to share the cost. They will do it themselves as they are in the business and want us to share half the cost. Their estimate was about $2500 total for about 40 feet which seems a bit pricey. They mentioned about the fence being a few feet off the property line and they have put in iron posts to mark the actual line. We did a full survey several years ago it goes a couple of feet into their property on one end and into ours at the other end. I don't want to pay for a survey again to come and note the line and they said they don't want to pay either. I am ok to share the cost but concerned about the neighbor putting it up themselves. We don't live there so we won't be able to check on the project daily. Anyone btdt and thoughts on how to handle this?

What county are you in? Is a permit required?
We are in Mont. and had our fences built by firms who filed permits with the county. Fence clearly on our property. We paid 100%.

[Anonymous]

Anonymous wrote: I am very non-confrontational so is there a nice way to say to neighbor we don't want to pay for it.

"Nice" will lead to confrontation. You are a homeowner; you need to be direct. Polite, but direct.

The neighbor can build the fence wherever they want so long as it's not on your property according to the land survey.
The neighbor's fence must be financed by the neighbor.

Sharing costs and/or building on property you don't own will lead to confrontation.

- AdversePosessionGuy

[Anonymous]

Hi Neighbor, Thank you for reaching out. Unfortunately we haven't budgeted for the fence replacement this year. Take care!

Keep it simple.

[Anonymous]

Anonymous wrote:That seems insanely cheap to me.

+1 It cost us $1200 to replace a section of damaged fencing. We did split the cost with our neighbors, because neither of us knew whose fence it was or cared to belabor it. But it is true you're not obligated, OP.

[Anonymous]

My neighbor on the left didn’t pay for the fences but have enjoyed the fences put up by three neighbors. They get the extra 3-6 inches of yard on each side and the privacy. They complained that the fence on one side needs repair or replacement.
We live in a neighborhood with small lots.

[Anonymous]

Anonymous wrote:

Anonymous wrote:That seems insanely cheap to me.

+1 It cost us $1200 to replace a section of damaged fencing. We did split the cost with our neighbors, because neither of us knew whose fence it was or cared to belabor it. But it is true you're not obligated, OP.

This sounds pricy. They are basically charging OP and having her pay for everything. If I paid, I'd expect labor free and split the cost of materials if it is their business.

[Anonymous]

Anonymous wrote:My neighbor on the left didn’t pay for the fences but have enjoyed the fences put up by three neighbors. They get the extra 3-6 inches of yard on each side and the privacy. They complained that the fence on one side needs repair or replacement.
We live in a neighborhood with small lots.

It's not their fence. Why should they pay?

[Anonymous]

Seems like it would be a lot easier and cheaper just to replace the fence, but I understand how you feel.