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Posted by meirman on August 13, 2005, 6:18 pm
Am I obliged or at least in practice, if I want to get along with him,
stuck paying so much for part of the fence replacement with my
neighbor. I was prepared to pay 1/2 of 1/3 which I thought might be
30 or 40 dollars, but he says half of the one part we share is $125.
Esp. since I don't think this part of the fence needs replacing
anyhow, for me that is a lot of money.
Does it matter that last summer, I repaired his back yard fence? I
only asked for the money to pay for the wood and gate latch. I didn't
want to see him tear down a cedar fence and replace it with a cheaper
less durable pine fence. I had to search the web to find a local
store that sold cedar, go to the other side of the city to order
(although I combined it with errands), go back to pick it up, front
the money, make the pickets and rails from wider pieces. Then when I
was 90% done he said he was going to put in a new fence. He said that
when his 5 year-old daughter fell against the fence, it moved instead
of being strong. I said that was good, she's less likely to get hurt.
(AFAIK, it is strong and stiff. Maybe there is one week section.
I live in a townhouse and my neighbors and I all of them have in front
an entrance door into a hall and a sliding glass door into the
kitchen. In front of the SGD is a small "patio?", with room for a
table and chairs, or garden equipment, firewood, grill etc. In front
of that is what they call the "privacy fence" My next door neighbor's
house is the mirror image of mine, and we share one piece of the
privacy fence about 8 feet long, as in the sketch below.
Street <==================>
Yard Yard
___________________________
| | |
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|____ | ____|
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_____________________|_________________________
==== ======= ======= ====
Door Sliding Glass Doors Door
One per house
House 1 House 2
I rebuilt my fence about 4 years ago, but did not touch the middle
piece because it was fine, IMO. I think when his wife was single, and
lived there, one of her boyfriends fixed the fence for her, but didn't
use treated wood. AFAICT, this part is still fine, except for a 1 x
1/2 inch piece of T1-11 that is hidden by molding anyhow. Now he
wants to rebuild his fence, and he is hiring someone to do it.
He's bothered because there is a crack in the side of the 2x4 that
borders the wall. I don't think it matters, but if it did, I'd put in
some plastic wood or something and repaint it.
Fixing and fixing up my car and my house are my major hobbies, and I
rarely hire anyone to do anything.
We went together on a roof a couple years ago. We both wanted the same
color.
He also wants vinyl siding. Maybe I need it, maybe I don't, but I
would like us to get along.
Meirman
--
If emailing, please let me know whether
or not you are posting the same letter.
Change domain to erols.com, if necessary.
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Posted by Edwin Pawlowski on August 13, 2005, 11:21 pm
>
> Am I obliged or at least in practice, if I want to get along with him,
> stuck paying so much for part of the fence replacement with my
> neighbor. I was prepared to pay 1/2 of 1/3 which I thought might be
> 30 or 40 dollars, but he says half of the one part we share is $125.
Who owns the fence? Was the original a shared cost? If so, you may have
some obligation, if not you should have no obligation. If you don't want the
fence and do not share ownership, you should not have to pay anything.
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Posted by meirman on August 13, 2005, 9:56 pm
In alt.home.repair on Sat, 13 Aug 2005 23:21:18 GMT "Edwin Pawlowski"
>
>>
>> Am I obliged or at least in practice, if I want to get along with him,
>> stuck paying so much for part of the fence replacement with my
>> neighbor. I was prepared to pay 1/2 of 1/3 which I thought might be
>> 30 or 40 dollars, but he says half of the one part we share is $125.
>
>Who owns the fence? Was the original a shared cost?
It was built by the builder of the whole development, every pair of
houses has one, and the section we share was replaced once by the
woman who lives there now (maybe the fourth owner), but now she is
married to this guy. That time she didn't tell me she was going to do
it, didn't ask for anything from me, and the workers may or may not
have come around to my side to work on it (no evidence either way.)
> If so, you may have
>some obligation, if not you should have no obligation. If you don't want the
>fence and do not share ownership, you should not have to pay anything.
>
Meirman
--
If emailing, please let me know whether
or not you are posting the same letter.
Change domain to erols.com, if necessary.
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Posted by Norminn on August 23, 2005, 5:20 pm
meirman wrote:
> In alt.home.repair on Sat, 13 Aug 2005 23:21:18 GMT "Edwin Pawlowski"
>
>
>>
>>>Am I obliged or at least in practice, if I want to get along with him,
>>>stuck paying so much for part of the fence replacement with my
>>>neighbor. I was prepared to pay 1/2 of 1/3 which I thought might be
>>>30 or 40 dollars, but he says half of the one part we share is $125.
Picking nits. If the neighbor paid last time, looks like it is your
turn. I would pay, though, to keep my neighbor's DIY hack jobs out of
sight. You have a homeowner's association? Do they maintain common
elements?
One other way of doing it might be to hire a fence contractor, have them
bid it such that it states the portions each is responsible for, and
stating materials, finish, colors, etc. Shouldn't be a big deal, and
lots of people don't like cracked, patched fences. If you have
different tastes, each chooses two colors and styles, put them in a hat,
and have the contractor draw one.
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Posted by Todd H. on August 14, 2005, 5:02 am
> Am I obliged or at least in practice, if I want to get along with him,
> stuck paying so much for part of the fence replacement with my
> neighbor. I was prepared to pay 1/2 of 1/3 which I thought might be
> 30 or 40 dollars, but he says half of the one part we share is $125.
Surveys are taken as a standard practice in all real estate
transactions I have ben involved in. One of the things a survey tells
you is where a fence is on your property or the neighbor's side of the
lot line. In all cases I've dealt with (albeit only 2), the fence is
on one side or the other.
You may wish to review your survey and see if this thing is even your
problem to fix at all.
I'd ask the same question of any home owner's association if there are
any local covenant and agreements involved.
Finally, I'd consult a local real estate attorney for a short bit with
both pieces of the above info in hand and ask for a determination of
my liability in this case, and then act accordingly.
Best Regards,
--
Todd H.
http://www.toddh.net/
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