[Alty]

Last year we received a notice from the county via our neighbor. I'm hoping I can explain this well enough so everyone can understand.

Basically our neighbor went to the county so he could build a retaining wall, and a bigger fence. The retaining wall would be on property we don't share, but the fence would be. He wants it taller than code for the county. So we were sent this notice and asked if we approved. We did. I don't care if he wants an 8 foot fence.

Well, spring is here, and he wants to get started on this new fence as soon as things thaw enough to do so, so he's been shopping around for the best price. The other day he approached my husband with a quote, and asked when we'd be able to pay our half.

Um... I don't want a new fence. I agreed to let him build one because that's what he wants, but I'm perfectly happy with the fence we have now. The notice wasn't "are you willing to pay half for a new fence your neighbor wants", it was "are you okay with your neighbor building a new fence that's higher than standard in your county".

My husband didn't know what to say, and ended up saying "I can't afford that". Half of the cost of his fence would be over $1000. That's what we paid for the entire fence surrounding our yard, and we share that fence with three neighbors. His part is 1/3 of our actual fenced yard.

My question is this. Just because we agreed that he could build this fence, does that mean we're responsible to pay for half of it? We're perfectly happy with the fence we have now. We only agreed to his new fence because he wants it, and we wanted to be good neighbors. The fence doesn't need to be replaced, and we really can't afford to build the one he wants.

My husband seems to think we'd have to pay half. I say that we don't have to because we're fine with the fence we have now, and didn't agree to pay for the fence he wants.

If I'm right, how do we deal with this so that we don't go from being the agreeable neighbors that agreed to your fence wishes, to being the nasty neighbors that won't pay for what you want?

[Catsmine]

What did the actual form you guys signed say, specifically? If it actually says that you approve the request for the fence exception, you're clear. If it says anything about you request or request jointly, you'll need an attorney.

[Alty]

What did the actual form you guys signed say, specifically? If it actually says that you approve the request for the fence exception, you're clear. If it says anything about you request or request jointly, you'll need an attorney.

It asked only for approval of his plans. There was nothing about our request, or joint request, since we didn't request anything.

It was only his request to alter the fence and put in a retaining wall, and it asked if we would okay it, since it was not code for the county. There was nothing about us agreeing to pay for this project. We only agreed to let him do it.

Does that mean that it's all on him? Because that's what I'm thinking. He's the second owner of that home. When we built the fence we footed the bill. Only one of the 3 neighbors we shared the fence with, paid for their half of the cost of materials. We built the fence, and paid for the materials, and 2 of the neighbors didn't pay a dime. We put the fence on our property line because of that. That's another part of the reason he had to get our permission from the county, because the fence is on our property.

The neighbor that's now asking us to pay half of his dream fence, the previous owner didn't pay half of the cost (and we only asked for cost of materials, not the labor we put in building the fence). Now I realize that this neighbor isn't responsible for the cost since he wasn't the owner when we built the fence. We wouldn't dream of asking him to pay for that.

But that's what has me ticked. He wants this dream fence of his, and went to the county to approve it's height, and we were notified because of the height he wants, and because the fence is on our property. We only agreed, to be good neighbors. We don't care if he builds a new fence. But I never ever agreed to pay for half of it. The fence we have is fine. If he wants to build a new one, the one he wants, go for it. But we're fine with the fence that's up right now. No way are we paying so he can get the fence he wants. We simply agreed to let him build the fence he wants, not help foot the bill.

If I had known that he expects us to help foot the bill for his dream fence, I would not have approved at all.

[Alty]

Just talked to hubby about the form we agreed to. No longer have the form, as we sent it and didn't copy it, so this is not verbatim what it said.

We received a notice from the county that said that our neighbor had sent in a request and plan to build a retaining wall and a 8-10 foot fence (our joining property is on a slope), and we had 10 days to dispute this request. The retaining wall was on property that didn't connect to ours. The fence in question was the one that was shared with the neighbor and us. But, we had the right to dispute either request.

We sent back the form stating that we did not dispute his plans for either the retaining wall or the fence.

[joypulv]

From all I have ever encountered with such things, you are totally free to just refuse. Granted I might have asked about his expectations knowing that the fence is on shared land, but that doesn't give him any special rights that I know of. I'd keep it short and direct - 'We had no idea that you were expecting us to chip in on this. We don't even want a new fence on any of the sides, already paid for what we have, and were just trying to be agreeable to your own plans.'

[Alty]

From all I have ever encountered with such things, you are totally free to just refuse. Granted I might have asked about his expectations knowing that the fence is on shared land, but that doesn't give him any special rights that I know of. I'd keep it short and direct - 'We had no idea that you were expecting us to chip in on this. We don't even want a new fence on any of the sides, already paid for what we have, and were just trying to be agreeable to your own plans.'

Love this! I'm so using this. Thanks Joy.

[Fr_Chuck]

Agree, you do not pay. I would have laughed and acted like he was joking. Polite but refuse.

[ScottGem]

What you received is called a request for a variance. When someone wants to build anything that is not within the zoning law they need to request a variance. The neighbors affected by this request are giving the opportunity to object. You declined to object, that is not the same as agreeing. You have absolutely no responsibility for contributing to the costs. In fact, he is responsible for insuring that no damage results to your property as a result of replacing the fence.

I don't know what your relationship with this neighbor is, but I would respond to his request with "excuse me?". I would explain to him that you have no desire to replace the existing fence, but have no objection to his doing so. Make sure you say you are not agreeing with the building of a new fence, just not objecting to it being done. I would also make sure he is aware that he needs to hire a licensed and insured contractor and that your property must be restored to its current condition.

[Alty]

Thank you so much Scott. I plan to ignore it for now, until he brings it up again. Right now the ground is still frozen so no fence building will be happening for at least a few months. If he approaches hubby again, I've told hubby to send him to me, and I'll talk to him about this.

Thanks everyone for your good advice. :)

[J_9]

As long as this fence isn't going on your property you have no responsibility to help pay for it.

[ScottGem]

Even if the fence is right on the property line, you wouldn't have a responsibility. However, if the fence is currently inside your property line (as is sometimes the case, since people build fences a few inches in from the property line to avoid disputes). Then he can't touch your fence. He can certainly build his fence right next to yours inside his property line.

[Alty]

Even if the fence is right on the property line, you wouldn't have a responsibility. However, if the fence is currently inside your property line (as is sometimes the case, since people build fences a few inches in from the property line to avoid disputes). Then he can't touch your fence. He can certainly build his fence right next to yours inside his property line.

That's the main reason I'm worried. When we first built our fence the house this neighbor is living in, was in the process of being built. We were the 4th house built in our cul-de-sac.

We had already lived in the home for a year, and wanted to fence in our yard for Indy. But we had no way to contact the people that had bought the house next door. So to avoid dispute in the future, we built the fence on our property.

They weren't moving in until late fall, so in order to have the fence up we had to build when we did, otherwise we'd have to wait another year.

We have no problem with him tearing down the fence, even though it's on our property. We have no problem with him building a new fence. He can even put it on our property, giving himself a bit more space. But I do have a problem paying for half of a fence that I really don't care to have. The old one is just fine. A few boards need to be replaced this year, and it does need to be painted. We were going to do that work last year, but thought he'd build his fence then. Repairing a fence he was going to tear down, didn't seem like a very smart thing to do. ;)

So we left it. Now a section of fence is missing. We had a horrific wind storm this winter and it knocked down that one section. It's temporarily fixed, but the section will have to be replaced. It's an easy fix, and not that costly. The thing is, I really don't want to spend money on repairs if he's just going to tear it down anyway. If we were to repair it, we'd do it on our dime. He'd only have to paint his side.

In other words, sooner or later I'm going to have to talk to him about his plans, because I really don't want to start repairing a fence he's just going to tear down. But he also has to know that if he builds his dream fence, it's on his dime, not mine. I'm perfectly fine doing the minor repairs on the fence right now.

Also, to add, we're planning on selling in less than 2 years. His fence won't add any value to our property. In fact, it may even hinder us, depending on who is looking to buy and what they like.

I feel like I should just repair the fence, continue to dodge him, and then just sell and leave, let the new owner deal with him. But that wouldn't be the right thing to do. Darnit. I hate doing the right thing! ;)

[J_9]

The fence is on your property. He can't tear it down.

Keep yourself out of possible future property disputes and don't let him build his fence on your property. If he does, you face issues when it comes time to sell your home.

[DoulaLC]

His only option now would be to build his dream fence on his property, which could butt up to your existing fence, but can not in anyway cause potential damage. Not a fun position to be in....I hope a compromise of some sort can be reached. Some people want chain-link fencing, some want basic wood slats, some want vinyl, etc. This is why plenty of people end up with double fencing.

[Alty]

His only option now would be to build his dream fence on his property, which could butt up to your existing fence, but can not in anyway cause potential damage. Not a fun position to be in....I hope a compromise of some sort can be reached. Some people want chain-link fencing, some want basic wood slats, some want vinyl, etc. This is why plenty of people end up with double fencing.

What a mess.

I'm beginning to wish we had opposed it. This is what happens when you try to be a good neighbor. :(

[J_9]

I guess I don't understand. It's his yard, he can do as he wishes. Unless you are in a homeowners association you don't need to approve or oppose anything he does on his private property as long as it is legal.

[Catsmine]

I guess I don't understand. It's his yard,l.

No, she said it's offset onto HER property. That's why she gets a veto, among other reasons. If neighbor wants to insist on trying to collect, Alty can rescind her approval and Voilà! No fence.

[J_9]

My point, if he wants it, he builds it on HIS property.

[Alty]

My point, if he wants it, he builds it on HIS property.

The reason he needed approval is because of the height. In our county you can only build a 6 foot fence, unless you're approved for a taller one. He wants to build a 8-10 foot fence. That's why he had to go to the county, and why we had to be informed and given the chance to say no to it.

[J_9]

No problem then. You approved the height. Now he builds his fence on his property with his money.

If he asks again, tell him that he must have misunderstood. As this is his fence, you will not be contributing to the costs.