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Yes, you can take them to small claims court--people go to court on many a various thin basis and for many odd disputes, but the question ought to be will you win? And is it worth it? You need to pay to file, you need to pay to serve your neighbor or get an uninvolved person to hand your neighbor the service papers. You need to deal with the probable loss of friendship of your neighbor (most people don't like to be dragged into court and it has a tendency to kill friendships) A verbal agreement is still good, it would be a mattter of simply showing yourself to the judge as the more credible of the 2 parties. Do you have anything in writing regarding what you refer to as 'their specification'? That could add weight to your verbal agreement argument. In the future, go to the store together with a neighbor and each pay half the bill in cash for materials and/or hire a contractor for the fence by meeting together and you pay your half and let the contractor get the other half from your neighbor. If neighbor doesn't pay, contractor either won't build it (so you get your $ back) or contractor can probably get a construction lien on their property (not yours) |
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We don't have any documention, just conversation between two neighbours. They agree that the fence was built according to their specifications, they "thought" they were just being helpful. Basically they said they would pay half so they could play a role in how the fence was built... and then stuff us with the bill. |
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Who do you have as witnesses? Any contractors, or just your family members vs. their family members? I don't disagree with the person who said it will come down to whoever seems the most credible to the judge. What is your neighbor like? How long ago did this all happen? Also, is the fence right on the property line? And, can you quote EXACTLY what the neighbor said that made you believe they were going to pay half. For example, did they say, "give me the receipts and I'll write you a check", or what? Did you approach them and request that the cost be split, or did they offer? It's not a slam-dunk, that's for sure. What kind of money are we talking? |
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