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Fence crap... (1 Viewer)

IC FBGCav

IC FBGCav

Footballguy
So I buy a new home got a 700 feet of fence to cover.  My neighbor has a fence up.  About 3 years old.  Put it on the property line and wants me to pay half what it costs him to "use" it. There is an hoa.  

 
So I buy a new home got a 700 feet of fence to cover.  My neighbor has a fence up.  About 3 years old.  Put it on the property line and wants me to pay half what it costs him to "use" it. There is an hoa.  

 
IC FBGCav said:
So I buy a new home got a 700 feet of fence to cover.  My neighbor has a fence up.  About 3 years old.  Put it on the property line and wants me to pay half what it costs him to "use" it. There is an hoa.  
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What? How does he stop you from using your side of a fence?

 
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IC FBGCav said:
1500 to use is the price.  I think.  
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Just trying to figure out what he means by "use it".  Is his premise that the portion of the fence that you would need to build/add would have to connect/attach to the portion that he's already paid for and because of this--he wants to charge you half?  That seems very petty and lame as you just bought the house.  He should have tried to get the owners that sold you the house to pay for half if he really wanted to.   With that said--he's putting you in a bad spot. The last thing that you want to do is to make enemies with a new neighbor as that could make things weird for years to come.   Unfortunately--doesn't seem like there is any real way to "win" this situation.  Good luck.   

 
jvdesigns2002 said:
Just trying to figure out what he means by "use it".  Is his premise that the portion of the fence that you would need to build/add would have to connect/attach to the portion that he's already paid for and because of this--he wants to charge you half?  That seems very petty and lame as you just bought the house.  He should have tried to get the owners that sold you the house to pay for half if he really wanted to.   With that said--he's putting you in a bad spot. The last thing that you want to do is to make enemies with a new neighbor as that could make things weird for years to come.   Unfortunately--doesn't seem like there is any real way to "win" this situation.  Good luck.   
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New home, first thing.

 
jvdesigns2002 said:
Just trying to figure out what he means by "use it".  Is his premise that the portion of the fence that you would need to build/add would have to connect/attach to the portion that he's already paid for and because of this--he wants to charge you half?  That seems very petty and lame as you just bought the house.  He should have tried to get the owners that sold you the house to pay for half if he really wanted to.   With that said--he's putting you in a bad spot. The last thing that you want to do is to make enemies with a new neighbor as that could make things weird for years to come.   Unfortunately--doesn't seem like there is any real way to "win" this situation.  Good luck.   
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I sort of know the guy.  I know about 50 people in this area, insane I bought a house near someone I "know".

Min people in area 100k.

 
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IC FBGCav said:
Fyi, my survey stakes touch his fence.
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Sounds like part of the fence might actually be on your property then.   What a tough situation.  The fact that you kinda know the dude makes things even more weird.   The guy seems like a real tool--pays to fence his own yard in--but expects his future neighbors to pay up before he even knew who could/would buy the adjoining properties.  On top of that--if the fence that he builds could technically be on your property---that could open you up to some liabilities if that fence were able to suffer from failures.  This guy sounds like he has the potential to be a real pill--so I'd probably tread lightly.   In the meantime--you probably should consult a real estate lawyer about the status of the current fence and see if its placement puts you in any danger in regards to liability.  If it does--you may want to actually create a contract between you and the crazy neighbor limiting your liability--and in return--you can compensate him for part of the fence.  I think that the key is to protect yourself from somebody that might have no problem being litigious. 

 
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jvdesigns2002 said:
Sounds like part of the fence might actually be on your property then.   What a tough situation.  The fact that you kinda know the dude makes things even more weird.   The guy seems like a real tool--pays to fence his own yard in--but expects his future neighbors to pay up before he even knew who could/would buy the adjoining properties.  On top of that--if the fence that he builds could technically be on your property---that could open you up to some liabilities if that fence were able to suffer from failures.  This guy sounds like he has the potential to be a real pill--so I'd probably tread lightly.   In the meantime--you probably should consult a real estate lawyer about the status of the current fence and see if its placement puts you in any danger in regards to liability.  If it does--you may want to actually create a contract between you and the crazy neighbor limiting your liability--and in return--you can compensate him for part of the fence.  I think that the key is to protect yourself from somebody that might have no problem being litigious. 
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What I think, I will do.  Is just put a black chainlink a foot off his on his side and do the rest in privacy wood like I planned.

 
jvdesigns2002 said:
Sounds like part of the fence might actually be on your property then.   What a tough situation.  The fact that you kinda know the dude makes things even more weird.   The guy seems like a real tool--pays to fence his own yard in--but expects his future neighbors to pay up before he even knew who could/would buy the adjoining properties.  On top of that--if the fence that he builds could technically be on your property---that could open you up to some liabilities if that fence were able to suffer from failures.  This guy sounds like he has the potential to be a real pill--so I'd probably tread lightly.   In the meantime--you probably should consult a real estate lawyer about the status of the current fence and see if its placement puts you in any danger in regards to liability.  If it does--you may want to actually create a contract between you and the crazy neighbor limiting your liability--and in return--you can compensate him for part of the fence.  I think that the key is to protect yourself from somebody that might have no problem being litigious. 
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He said he put his fence 6 inches on his property when he built it. Etc.  Just handling this with kid gloves now.  Bad situation but just moved here.  Try to make the best.  Will pm you some pics of texts.

 
Local ordinances don't have a side-yard setback requirement? "I'll agree not to report you for violating the setback ordinance, so you won't have to tear down the fence and move if you pay me the $1500 you want from me."

 
Wait, he already charged the other neighbor to hook to the fence and now he wants to charge you? F that. Seems to me the original payment covered the fence hook up and you bought that original agreement. Your don’t rent a fence. He’s trying to get full payment instead of splitting the original cost. Kind of a ##### move on his part.

That’s why when I put my fence up I put it on my property and left room. Original neighbors fence guy mentioned hooking to mine and I told him my fence had some room so they put theirs on their property. About 2 feet in between now. Kids always ran up through there to get to the woods until the bushes started crowding.

Some people may think I was being a #### and cost extra to neighbors instead of splitting it, but 12 years in, I’m about to have neighbors #4 (always cordial to all, one moved to a much more expensive neighborhood, one was a drunk and couldn’t hold a job and last moving to another state) to left and I’m glad I did that. You never know what may happen. Original neighbors had no issues, I just told them I built it a foot into my property.

 
IC FBGCav said:
So I buy a new home got a 700 feet of fence to cover.  My neighbor has a fence up.  About 3 years old.  Put it on the property line and wants me to pay half what it costs him to "use" it. There is an hoa.  
Click to expand...
What? Can You draw a pic or something. Is the fence double sided?  

 
IC FBGCav said:
So I buy a new home got a 700 feet of fence to cover.  My neighbor has a fence up.  About 3 years old.  Put it on the property line and wants me to pay half what it costs him to "use" it. There is an hoa.  
Click to expand...
Sure, what's the going rate for 50% off used fence less the cost of paying someone to disassemble it?

 
most HOAs require you to be off the property line.  find out if he violated this.  anyway, put that side of the fence inside his and problem solved.  i would never pay anyone to use a fence.  complete and utter BS.

 
Yeah tell him no thanks, and that you don't need to use it.  To prove it, Throw your dog over the fence so it can #### in his yard.  

 
No way in hell I'd pay him.  I'd pay more money to put up my own just to not pay him.  Ridiculous.  I think the black chain link in that section is a good idea.

 
Wow.  Who the hell does that?  Tough situation with a new neighbor and someone you "know".  I like the chain link section idea.  Hope this new neighbor doesn't turn out to be a hassle.

 
Our neighbor put up a fence days before we moved in and asked us to pay half.  I agreed to pay it to insure good relations going forward, but don't think I had a legal obligation to pay.  If your situation is similar, just pay it because you will get use and enjoyment form the fence (especially if you have kids/pets).  If he got $ from your predecessor, screw that unless there is some repair/upkeep being done.  

 
I think I get it now.  Guy thinks he can charge you to "hook up" to his fence.  If you don't cross any property lines then that's optional.  The chain link idea is good.  

What does your HOA say about spacing between fences though?   They might object to this without some setback you can get a weed-eater into, or maintain the other fence.

 
Did your purchase require that the lot be surveyed?  If the fence is in whole or in part on your lot, I'd have issues with the brainiac next door.

Upon checking, it seems that you have no obligation.  See the section on boundary fence rules.

 
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Also check the FAQ on fencing laws and your neighbors.

When you think that your neighbor is starting to use your land, even if it just a minor thing like building a fence in the wrong location, you need to act immediately. Property boundaries are very important when it comes to the use of land, and even a small encroachment by your neighbor onto your land may result in consequences that you cannot foresee.

For instance, if your neighbor builds a fence or a new driveway that comes onto your property by a few inches, this may be enough for a title company to refuse to issue insurance when it comes time to sell your house. Also, many states have laws that allow a person who uses another's land for a long enough time period to actually gain a legal right to continue to use the land, and in some cases, even gain ownership of that land.

As with most situations, the best option is to start talking with your neighbor as soon as you notice the encroachment. In many situations, the neighbor will have made a simple mistake in his construction and will probably rectify the error. However, if your neighbor does not want to cooperate, your best option is to point out the deed showing the property boundaries, or even hire a surveyor to come out and place new property line markers. If the neighbor does not stop building on your land, hire a lawyer immediately and get a judge to issue an order that will force your neighbor to stop building on your land until you can bring a trespass lawsuit.
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I have to be honest here, I would be tempted to build my own fence parallel with his just to piss him off, it would probably cost about the same but, to me, even it were double or more it would be totally worth every cent.  I mean the shear and utter satisfaction of that big, SEG, you would flash at him and the little FU wave of the hand would be awesome.  That would never, ever get old either.  That or you wait until he moves out to put a fence up.

 
Weird.  Everyone around here we just put the fence on the line and share the cost.  Haven't heard of anyone throwing a tizzy about it yet.

 
Foosball God said:
So you would charge your new neighbor for a fence you had previously installed?
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Not sure how you got from what I said to needing to ask that, Foos.

If the fence needs work, the current owners split the cost.  No new work, no new cost, then no need to charge anyone anything.

 
GregR said:
Not sure how you got from what I said to needing to ask that, Foos.

If the fence needs work, the current owners split the cost.  No new work, no new cost, then no need to charge anyone anything.
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Your scenario doesn't seem to match up to Cav's then.  You seemed to imply that everyone getting worked up was weird.  This is his situation, fence was installed prior to Cav moving in and now the guy wants to charge him for the part of the fence that borders his property.

 
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