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fence ettiquette?

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frankenstang57

frankenstang57

Jedi Warrior
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Here's one for you guys. My sister-in-law bought a house about a year ago in a newer established subdivision. She pretty much keeps to herself but does occaisionally talk to the neighbors on either side of her. A couple of weeks ago her neighbors directly behind her put up a privacy fence. All fine and good. Well today she gets a letter from said neighbors stating since she benefits from the fence too, she owes them $300 for her share. She has no other fencing in her yard, so it's not like it encloses it, just runs across the back. Since they never asked her or have even spoken to her, do you guys think she's obligated? I say no. Nice try since they built it then sent the letter. Thoughts?
 
I would also say she doesn't owe them anything, especially if she wasn't even consulted before the fence went up. They can't obligate you without your knowledge and consent.
 
Well since the establishment of the privacy fence, she does now get the benefit of not having to interact with the selfish, inconsiderate sob's so one could argue she's receiving a benefit.. /bcforum/images/%%GRAEMLIN_URL%%/grin.gif
 
Pay them the $300 and then take a chainsaw to half of it. "I just didn't like MY half." /bcforum/images/%%GRAEMLIN_URL%%/whistle.gif
 
Did she get the ugly side? If she did, she owes nothing,
is it on the property line? if not, she owes nothing, and
if the fence looks the same from both sides, and is on the
property line, they trespassed to build it, so she owes
nothing...

Steve(I've been through this with my neighbor...)L
 
She owes them nothing. It's like painting your house a new color and telling your neighbors to pony up because they no longer have to look at your peeling avocado green siding. An utterly ridiculous thing for her neighbors to do.

I'd check and make sure it's on their side of the property line. If it is, I'd have it taken down, but I'm a real jerk some of the time.

-William
 
My neighbor pulled that this once. Actually decided the fence that was there was not nice enough so he ripped it down. Problem was he did not tell me he was gonna. Next thing I know my dogs are running free in the neighborhood. Shmuck!

Same idiot that called the town on ME and I received a cease and desist for building a shed. A freaking 8' x 10' shed to keep gardening stuff from falling on the cars. According to the C&D I need a full set of blue prints and an architects sign off on it. I ripped up the letter and finished building it. FULL SET????? ARCHITECTS????? go away!!

Sorry - back to the issue. Tell them to go to H E double hockey sticks and NO.

Man I feel feisty tonight!
 
Truthfully she doesn’t own them anything regardless. They built it to their specifications without her input or even a by your leave. But unless there was some sort of problem with the existing fence she isn’t obligated for anything. Fact is what they did seems pretty un-neighborly, so she is under no legal or moral obligation to give them a dime if she doesn’t want to.

A little over a year ago when Jackie & I decided it was time to replace her fence, we approached each of the neighbors about it. One said “if you want to put up a fence go ahead”, but they didn’t want to contribute to it – so we built the fence the way we wanted to and they got the ugly side. Too bad so sad.

The other neighbors where much more agreeable. So what we did for them was give them two price quotes. One was for the a new neighbor “friendly” fence where the attractive side alternated back & fourth between us, the other was cheaper with us getting the attractive side and them getting the ugly side. The opted for the neighbor friendly fence.

My suggestion is if they persist in bothering her about it she should check her land boundaries and if it’s encroaches into her property by even an inch – she should remind them of that fact and that if they keep on nagging her about it. She has every legal right to tear it down or if it’s on the joint property line she’ll paint it “bright pink”.
 
I wouldn't pay anything unless there was some pre-implied contract verbal or written! In addition to what was already mentioned; She should also check with the local Building Inspectors Office or Planning and Zoning Enforcement Officer. In some states a fence erected higher than 4 feet will require a permit and possibly a public hearing according to P&Z code. In other words she should have been notified of the fence construction in advance. Also if the fence is not properly set back from the property line a variance may also need to be issued. Some towns also have ordinance laws barring the installation of "ugly or objectionable" fences. (All this depends on state and local codes). Good luck!
 
frankenstang57 said:
I say no. Nice try since they built it then sent the letter. Thoughts?
Click to expand...

I hope to goodness they sent it on the 1st of April, because this has to be a joke.
 
as far as i know (and thats not much)here in ontario if you put up a fence the posts must be on your side and your neighbour gets the good side. I think the idea is to stop people from climbing the fence and entering your property.
 
Steve said:
She owes them nothing. She could also establish whether the zoning for the sub-division allows to to erect a fence?
Click to expand...

Additionally, if they put the business side (the back side) to her, they are probably in violation of the local ordinance.

I deal with this stuff (zoning, planning, building codes, and the like) regularly.

She owes them nothing; she owes it to herself and her family to move to a nicer neighborhood.
 
Also check with her local planning board,
& see if you need a permit to build a fence.Also
ask if a permit was ever given to that address.
If not,turn it in to them,& they'll foget about
the $300.
I had a "neighbor" who built a fence,& then asked
us to pay 1/2 of it.After saying that we were never
consulted,he dropped it.

- Doug
 
I would agree, not to pay. I just finished building a fence on one side of my property. Before I started I contacted the owners, as its a rental. They were very happy to pay 1/2 the costs.Now I no longer have to look at the renters lack of yard care. I even gave them the "good" side, as I was worried of fence climbers.
I think a good neighbor would consult first with the affected neighbor, not only about costs, but looks as well. Not every one has deep pockets, some things may need to be budgeted for.

Cheers,
Rob
 
Reminds me of a funny story...

My in-laws have been in their home in NJ for about 20 years. There's a wooden privacy fence between the two yards. New neighbor moves in next door, pleasantries exchanged. Couple of years go by and the guy says to my FIL "Sir, your fence is in desperate need of repair".

FIL looks at him and says "Sir, that's not my fence".
 
Scott_Hower said:
Reminds me of a funny story...

My in-laws have been in their home in NJ for about 20 years. There's a wooden privacy fence between the two yards. New neighbor moves in next door, pleasantries exchanged. Couple of years go by and the guy says to my FIL "Sir, your fence is in desperate need of repair".

FIL looks at him and says "Sir, that's not my fence".
Click to expand...

/bcforum/images/%%GRAEMLIN_URL%%/lol.gif /bcforum/images/%%GRAEMLIN_URL%%/lol.gif slapping my knee, boy, good communication skills sure are in short supply!
 
Not only does she owe absolutly nothing, if a check shows they have encroached onto her property in erecting the fence she could have a number of options to offer them!!
By consensus, it sounds pretty standard that the "good" side should face out in most areas and this makes sense from a "security" standpoint... why give intruders "rungs" to scale your fence with! Alas, we have a pool in the back yard and so must have the whole area around it fenced! Lots of good suggestions for her posted though!! /bcforum/images/%%GRAEMLIN_URL%%/thumbsup.gif
 
The phrase "go pound sand" comes to mind! If they had asked her and she agreed to the fence, that would be one thing.
 
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