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As a general rule it will be assumed that each neighbour receives an equal benefit from the fence and therefore should contribute equally to costs. Neighbor Fence Contract Create your own printable contract — FREE! There will be a fence law for your region so check it out. Also, your neighbor might want to split the cost of building the fence. With a little understanding, you can find the perfect blend”. At the time she really couldn't afford it (single parent, 2 kids in college) and she said so. If you share only part of a fence with a neighbor, get an estimate per linear foot and measure your shared length. If your neighbour owns the wall or fence. You might get along well, be friends or maybe strangers overall. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. Dividing fences are one of the most common causes of disputes between neighbours. If you have a boundary fence and the neighbor refuses to pay for their share of the repair costs, you may decide to take legal action. There is no strict formula used by the courts to determine the sharing of costs between neighbours. The bad side is usually where the rails and posts are while the good side is smoother and more polished. The 3 sides of our back yard have a very old chain link fence. The law itself was put into the California Civil Code in Section 841. We are completing the fence of our yard and shared the cost with one neighbor and another one is willing to pay us as well. By-law. The back neighbor is a nut case and will not even discuss sharing cost. Generally, each must pay half the cost of building or repairing the fence. Maintenance is the Best Option to Keep Fences in Great Condition. We spoke to all 3 of our neighbors about sharing the expense. That changed in the 1980s, when the Legislature passed a law known as the Good Neighbor Fence Act. To be good neighbors with adjoining property owners, the Santa Clara Valley Water District (Valley … However, this can work well, as aforementioned, if the fence line is entirely located on your property. Who is responsible for the cost of a fence. Get it in Writing. You can break this down for each neighbor with whom you share fencing. The law will let you know your rights on sharing the cost of the fence with your neighbor. If you need to find out who owns the property you share a fence with, please complete a Request for Information - fencing form with: your details; why you need the information; a copy of your ID (driver's licence, rates notice or birth certificate). When sharing the cost of a dividing fence with your neighbour, is it possible to approach the topic and get the desirable outcome you need? Arguably the … I'm going to approach them to split the cost - and I'm certain the neighbors on either side of me will agree to it - but I don't think the neighbors behind me will. If the Neighbor doesn't like the responsible parties solution they are free to put their own fence, at their own expense, on their side of the boundary. Check the Law. If the fence is actually on the boundary line, you are probably liable for half the cost. The neighbor's labor is technicaly not a cost since he didn't pay anyone - but if you want to be a good neighbor, you should offer to pay something for the labor, which you would have had to pay for anyway if a third party contractor did the job. Please note – work must not be commenced prior to an agreement being reached between the parties. Avoid fence repairs by maintaining your shared backyard fence. Re: sharing fence cost. If you are of opinion that the neighbor will have a hard time keeping up with the maintenance costs of the fence, then it would be great to leave them out of the plans and go alone. Even in situations where two neighbors agree to share the cost of a portion of fence that will be between their respective properties, it is still best that the fence be on one side or the other. To be safe, install your fence 1-2 feet inside the official boundary lines. I offer to my neighbor to split 50-50 the cost of the new fence. In the spring we will be replacing it with a wood privacy fence. Situations Unfavorable for Cost Sharing. If a property owner installs a fence completely on their side of the property line, the fence is theirs. So this is hot in my house. Download Printable Contract (.DOC format) Formatted and ready to use with Microsoft Word, Google Docs, or any other word processor that can open the .DOC file format. Try to get at least three estimates. Richard A. Rodgers, Esq. When the law clearly indicates that you should share the cost with a neighbor, you can consider taking it to small claims court. Know your legal responsibilities over dividing fences. Are there other restrictions? 03-07-2012, 08:34 … However, where one neighbour wants more work done than is necessary for a sufficient dividing fence, they can pay the extra cost. There will probably be a reference librarian to help you find information on this issue. Plus know where to place the fence, if you build on your neighbor’s property, you will have a dispute to deal with, and the fence will need to be moved at your cost. Find out who owns a neighbouring property. If the proposed work is more expensive than work needed for a sufficient fence, the extra cost should be paid by the person wanting the special fence unless both owners agree to share the total cost. The fence cost $1,785, and I had expected my neighbor to pay for half of that. (805) 230-2525 Go to mediation. But, to quote the lyrics of a good old Aussie TV soaps’ theme song, “Everybody needs good neighbours. 0. He refused by stating that the previous owner agreed to replace the fence at its own expense (no written trackrecord of the agreement). The contribution between owners towards fencing work may be altered by an agreement between them. It is on the property line. Then write a demand letter requesting payment from the neighbor. Hi, this is my first time posting on HT but been a long time lurker. Consequently, when a fence needs repair, both property owners must share the cost. Even without input ten months ago, the law doesn't become flexible. The statute now requires a landowner who intends to incur costs due to constructing or repairing a fence shared with an adjoining landowner and who wishes to have reasonable contribution toward those costs by the adjoining landowner to provide the neighbor written notice at least 30 days prior to any construction or maintenance of the fencing. I do not want to go to court for a fence but in the meantime I want my neighbor to pay its fair share. The 2 side neighbors are willing to go half with us on the cost. That neighbor receives the value added to their home for having the fence. If you go to small claims court . it is expected that most lots will be arranged such that they own 50% of the fence around their property (i.e. If you accidentally build on your neighbor’s property, you might have to tear the fence down later, so take your time and study your plat (a drawing that represents a survey) with your neighbor. Sharing the cost of the fence only seems fair since you will be sharing the fence, and many neighbors are more than willing to contribute, but they are also likely going to want a lot of input on the project. What do people do when people don't want to pay for a needed new fence? Have the repair work performed. This means of course that one particular neighbor owns the fence. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence. Then most likely you are sharing a fence with your neighbour, or maybe even neighbours on both sides of your house. How high can your fence be? You may want to make a trip to your county courthouse to use the law library. WF75194 Application for Fence Cost Share Form Template Owner: Usha Chatwani Effective Date: 02/20/19; Revision: R7 Page 1 of 5 APPLICATION FOR COST SHARING OF GOOD NEIGHBOR FENCING Tel: (408) 630-2650 Fax: (408) 979-5635 5750 Almaden Expressway, San JoseCA , 95118 . Face the Finished Side of the Fence Toward Your Neighbor. Some fences have a good side and a bad side. If you don’t have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). Existing Fences. richardhay makes a good point -- where I live the party erecting the fence is expected to put the "good" side facing his neighbor and the "bad/interior" side facing his own property (best example is a wooden fence). a bit of give and take is always better though. It could help you to keep a good relationship and will probably be cheaper than paying a solicitor to resolve the disagreement. 27 February 2017 at 4:44PM . TheCyclingProgrammer Forumite. If the neighbor still refuses to pay, the fence-building neighbor can (after having conducted due diligence and armed with proper documentation), file suit for contribution from the neighbor for their share of the costs. However, the non-cooperating neighbor is required to provide “reasonable proof” to support the contentions. The total "cost" of the fence should be split 50/50. 3.7K posts 27 February 2017 at 4:44PM. Read about your responsibilities as a fence owner for the rules you should know before starting work. Everyone was very friendly about the whole thing and they went ahead without her using a style that looked nice on both sides. You should have discussed this with neighbor at the time of moving in, and noticing the fence being built. Angry neighbors also won't generally take on a share of the cost of fence replacement, which could leave you with a pricey tab to pick up. And so is the bill for it. What are my options to get us moving? Many years ago my mom's next door neighbors approached her about sharing the cost of a fence they wanted to put in for their dog. The cost to repair, maintain or reconstruct existing division fences must be shared equally by both property owners, based upon the type of fence in place. Should the owner of the boundary be the one that pays for the whole fence? Depending on your situation with your neighbors and their finances, paying for the new fence yourself may be the most hassle-free way to get your new fence, and there are other … When it comes to upgrading or fixing your fence that has been dividing two or three households for many years, then sometimes not knowing the legal obligations can make the relationships worse. An agreement may be in any form, but it is recommended that the attached form be used. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. In the extreme circumstances, the non-cooperating neighbor can rebut the presumption of equally sharing the costs of the fence. When neighbors sued a neighbor over the cost to repair or replace a fence, trial judges had little guidance with regard to who was ultimately responsible. Contract Create your own printable Contract — FREE on either side are, legally equal! 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