Do we still split it in half? Make a demand to the neighbor for half of the costs. If these fences faced the street, it would definitely be good side out. Yes, there are no provisions in the statute to account for one neighbor’s actions, i.e. I have issues with that because the old fence had the planks on my side. I first went to talk to all the neighbors across the fence. The spiders build their webs on the 2x4s and birds perch on the 2x4s. California Civil Code 841, also known as the Good Neighbor Fence … We now are a retailer of PostSaver fence post sleeves! In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! In some New England states, for example, the law reads as follows: “All fences four feet high and in good repair, My neighbor has offered to pay for that but wants me to pay for the half of the existing fence (which is in good condition) I am not in the position to pay … Of course, like many laws there are exceptions. Is there any way I can get the absentee landlord from the property next door to pay for half of the cost to repair or replace the fence? The presumption that you and the owner of the neighboring property are equally responsible for the replacement or repair of the boundary fence is not absolute. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and only “fair”. So, your next contact with the neighboring owner should be by certified letter setting out the scope and cost of the work and how the cost is to be shared. Do owners of homes with pools fall under a different set of rules. Required fields are marked*. The quotes I’ve gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. This is not uncommon in suburban areas. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. Your email address will not be published. This appears to be the pattern on our block. Can my neighbor legally stop me from replacing the fence until we do a survey? However, you can be right and still have to pay for the whole fence. This is if you don’t take the proper steps leading up to the construction of the fence. I would like to split the cost with my neighbor. Even if the fence benefits the neighbor in some way, they have no obligation to help pay for it. Existing California law (Civil Code Section 841) provided that property owners were only responsible for contributing if they were using the fence to enclose their own property. Although fence issues may feel petty they impact property rights, which are incredibly important. If these approaches do not work, your fallback option is to refuse to pay her anything, and then pay to add a third panel on your own property that matches your initial two panels (meaning that there would be two fence panels between your home and your neighbor’s home). Even if one property owner intends to pay for everything to be done to the fence, the 30-day written notice is used to provide details of the proposed repairs to the adjoining neighbors. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. For those who live in rural areas where fences are not as common and many landowners don’t want to build or maintain a fence around their property. I want to be a kind, accommodating neighbor. Will you be paying for the entire cost of the new fence, or do you expect your neighbors to share the cost? Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Statutes and Case Law. In part, it says: "Where a landowner intends to incur costs for a fence, the landowner shall give 30 days prior written notice to each affected adjoining landowner. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. -- If the financial burden to one landowner would impose an undue financial hardship given that party's financial circumstances as demonstrated by reasonable proof. The neighbor may say they don’t have the money or they disagree on the need for repair or replacement. Spite Fences: Revised Code of Washington Section 7.40.030. The Burnett brothers are freelance writers. CA landowners have a duty to inspect their trees to decide if they are healthy or hazardous Click To Tweet Fences worth mending. However, he wants all the planks on his side while the 2x4s are in my side. This site uses Akismet to reduce spam. -- If the cost of the fence would exceed the difference in the value of the real property before and after its installation. 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