Resolving a fence issue with a neighbor

W

William Cannon

250+ Posts
So I share a fence with one of my neighbors who's overgrown shrubs have caused moisture to rott a good portion of our fence. He refuses to do anything about it and I've offered to pay half of the cost (even though it's his fault).

In all I think 100-200 bucks and a saturday morning would do the job. However, he's kept making up excuses for not doing anything and now he's getting ready to sell his house.

What are my options? Is this something you take to small claims court? I don't know the process so I'm not sure if something like that is worth the trouble. In all I'm just really pissed off that he can't own up... what a freak'n coward. I'm thinking about at least threatening him to take him to small claims.
 
Check the survey. If it's" your" fence then do what you want.

Guy sounds like an ***. But if he's not gonna go in with you just look at it as an opportunity to build a better, and higher, fence.
 
Yes, the question is who owns the fence? If it is your fence and his shrubs are rotting it, you have a claim, if not, you don't. Regardless, if you really want to screw with him (assuming it is your fence), file a claim and include a title dispute. With clouded title, he will not be able to sell his house until the dispute is resolved.
 
The arachnid speaks the truth. Not only does OU suck, but you are likely to have an easier time with the new neighbor. A new home owner will likely take more pride in home ownership and will be more willing to work out an arrangement. Regardless, it is in your best interest to find out exactly where the property line is and whether the fence is on your side or the neighbor's.
 
Yes, the fence is most likely entirely on one or the other's property, not right on the line. But if you don't know where the property line is-hey, the guy is selling his house-there will have to be a survey done.
Why don't you ask when this will be done, then find out from the surveyor where the line is, and who owns the fence. Or you could wait for the new owner, and they will probably want a nice looking new fence, or maybe they will even require it in their contract-they might force reluctant neighbor to fix the fence himself, which would be poetic justice.
Or you could just fix it yourself one day and forget about it.
 
The best bet will be to find the survey from when you bought the house (should have at least one copy in your closing documents). There is no guarantee that a new survey will be done when the house is sold. Probably 75-80% of houses are now sold without a new survey. The sellers will sign a document stating that they haven't made any improvements that will alter the survey and the old survey is used. Now if new flatwork or additions were made, a new survey will be required.
 
Wait until he moves out, and take 'em down. The new folks may not notice. And if they do, they may be thankful. Or at least fear you.
 
So you sue. He will not pay no matter if you win or not. If he will not help with the cost of the fence, you will put it up any way. What I would do if it was my fence is. I would paint the side of the fence that faces his side of the yard. Paint it pink, it is your fence you can do with it what you want.
 
I can't imagine why you'd be able to sue your neighbor over this. It doesn't seem reasonable that he would not be allowed to grow the shrubs in his yard however he wants.

It also doesn't make him a coward because he doesn't want to help you fix the fence. It probably means he just doesn't give a **** about it.

Wood fences rot. The world's an imperfect place.
 
Different brokers have different requirements for disclosures when a house is for sale. If you have a friend that's a realtor, they can preview his home and ask them to add the damaged fence to the disclosure form.

Or when somebody makes an offer, and they do an inspection, you can try to get the inspector to add the fence to the inspection report.
 
Definitely try to do that. If the fence is on his property and you get the inspector to list it, he'll have to fix it and you can just sit back and laugh.

When he comes to you to pay for half, just point out the survey and say "why would I pay to fix your fence?"
 
You could do what my neighbor's did, guaranteed to make the guy fix his fence. Get a nasty growling snarling uglyass pitbull dog that tries to get in his yard through any weak boards.
 
I'm not sure where the part of the inspector comes in, but I have never seen an inspector list a fence as part of an inspection report. As a matter of fact, I have never even seen a fence listed as an area to watch for termites (or a conducive area) when it joins the house. It might be done, I haven't seen it.

However, even if it is in the report, it will not obligate the owner to make the repairs in any way, shape or form. It might become an area of negotiation between the buyer and seller, but that is the extent of that.
 
I understand your frustration, but maybe there are circumstances you don't know about. Maybe he got laid off and can't afford any extra expenses right now. You just never know. And, if he's selling, I can understand why he wouldn't care. Just let it go.
 
WC,

I think letting it go until the new buyers come in - there's a somewhat good chance they'll make it part of the deal to fix it or to deduct cost from the ale price. Then work with them to get it fixed
 
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