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Who pays when a fence breaks?
I share a fence in my back yard with several neighbors. A portion of it collapsed recently. Who pays to fix it?
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Re: Who pays when a fence breaks?
Whos property is it on? Who paid for it to begin with?
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Re: Who pays when a fence breaks?
just ignore the problem until ur neighbor does something about it
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Re: Who pays when a fence breaks?
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Whos property is it on? Who paid for it to begin with? [/ QUOTE ] It was put up by the homeowners association before the property was sold. It is on the dividing line. Every house here has its backyard split by fences. It is not clear who "owns" it. |
Re: Who pays when a fence breaks?
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I share a fence in my back yard with several neighbors. A portion of it collapsed recently. Who pays to fix it? [/ QUOTE ] This clearly depends on circumstances. If neighbor built a fence because he wanted it then he needs to fix it. If it was already there when you both moved in then you will have to negotiate the best approach. If it collapsed because you drove your car over it, everything else is irrelevant. |
Re: Who pays when a fence breaks?
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just ignore the problem until ur neighbor does something about it [/ QUOTE ] Seems to be working. |
Re: Who pays when a fence breaks?
What about if previous owners put it up? Two owners ago of my house. And the other neibor has a pool, so they by law need to have a fence up. Who should pay for it then?
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Re: Who pays when a fence breaks?
So if there was a gate, the "post" side would be the one controlling it, ie locking it from the inside, right? Seems like they should have to pay.
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Re: Who pays when a fence breaks?
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just ignore the problem until ur neighbor does something about it [/ QUOTE ] |
Re: Who pays when a fence breaks?
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just ignore the problem until ur neighbor does something about it [/ QUOTE ] I've managed to do this even with stuff on my property. Last year there was a dead cat on my property by about a foot (clearly), but it was behind a bush that made it perfectly believable and understandable that I wouldn't have seen it. My neighbors, on the other hand, could see it quite clearly. I didn't want to deal with a dead cat, and eventually they did. |
Re: Who pays when a fence breaks?
Here is an MS Paint of the fence to make it clear.
http://img463.imageshack.us/img463/5696/fencena2.jpg |
Re: Who pays when a fence breaks?
just put up a broken door or something for the time being. Something really offensive to look at
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Re: Who pays when a fence breaks?
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just put up a broken door or something for the time being. Something really offensive to look at [/ QUOTE ] It's about 24 feet of an opening, and in the very back of the yard. I didn't even notice it until today. |
Re: Who pays when a fence breaks?
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[ QUOTE ] just put up a broken door or something for the time being. Something really offensive to look at [/ QUOTE ] It's about 24 feet of an opening, and in the very back of the yard. I didn't even notice it until today. [/ QUOTE ] How big is your backyard? |
Re: Who pays when a fence breaks?
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Here is an MS Paint of the fence to make it clear. http://img463.imageshack.us/img463/5696/fencena2.jpg [/ QUOTE ] it doesnt look broken? |
Re: Who pays when a fence breaks?
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[ QUOTE ] [ QUOTE ] just put up a broken door or something for the time being. Something really offensive to look at [/ QUOTE ] It's about 24 feet of an opening, and in the very back of the yard. I didn't even notice it until today. [/ QUOTE ] How big is your backyard? [/ QUOTE ] Yard is about 300 ft by 100 ft (including front yard and the house). |
Re: Who pays when a fence breaks?
Pics of fence please.
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Re: Who pays when a fence breaks?
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[ QUOTE ] Whos property is it on? Who paid for it to begin with? [/ QUOTE ] It was put up by the homeowners association before the property was sold. It is on the dividing line. Every house here has its backyard split by fences. It is not clear who "owns" it. [/ QUOTE ] Time to talk to the homeowners association. Tell them their fence fell down. |
Re: Who pays when a fence breaks?
Split the cost, but the one with the "nice" side pays more, maybe 60/40.
edit: actually, Oski above me has the right solution. Get your worthless POS homeowner's association to fix it. (sorry, I really hate HOAs.) |
Re: Who pays when a fence breaks?
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sorry, I really hate HOAs.) [/ QUOTE ] Seriously, everyone hates them. Why do they even exist? |
Re: Who pays when a fence breaks?
all, im under the impression the HOA is no longer in the picture, otherwise, this wouldnt be an issue.
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Re: Who pays when a fence breaks?
I know you are in the US and things may well be different, but in the UK it is usually the people on the "Post" side that own the fence. If you want to put a fence up, you have to present the good side to your neighbours. And it is usually noted on the deeds of the property who is responsible for the fence.
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Re: Who pays when a fence breaks?
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[ QUOTE ] sorry, I really hate HOAs.) [/ QUOTE ] Seriously, everyone hates them. Why do they even exist? [/ QUOTE ] So that fascist goosestepping [censored] can maintain law and order and keep property values high. A laid back, hands-off HOA could actually be useful if you had really trashy, dirty neighbors, but generally the HOAs are a bunch of nitty, power-hungry micromanaging freaks. I really hope that I never have to live under their iron thumbs. |
Re: Who pays when a fence breaks?
My answer would always be "not me."
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Re: Who pays when a fence breaks?
Since a HOA was mentioned, you guys better get it fixed fast or they'll fine everyone involved.
When I was visiting my grandfather a few weeks ago his neighbor was putting up a very nice wooden fence in his backyard. He was doing nice side facing inwards so when you're in his backyard you see the nice side, when you're in my grandfather's backyard you see the posts - typical? I know a front yard would be opposite (nice side facing everyone outside the yard. |
Re: Who pays when a fence breaks?
i hear cardo is a fencer. maybe he can fix it.
edit to add: lolcoasethm |
Re: Who pays when a fence breaks?
How about the people who paid for the fence in the first place. The Homeowners Association would be the most obvious answer, so I dont see why it hasn't been mentioned.
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Re: Who pays when a fence breaks?
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How about the people who paid for the fence in the first place. The Homeowners Association would be the most obvious answer, so I dont see why it hasn't been mentioned. [/ QUOTE ] .... |
Re: Who pays when a fence breaks?
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How about the people who paid for the fence in the first place. The Homeowners Association would be the most obvious answer, I believe it was mentioned in about four other posts before mine and then the OP said it was not an option. [/ QUOTE ] |
Re: Who pays when a fence breaks?
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How about the people who paid for the fence in the first place. The Homeowners Association would be the most obvious answer, so I dont see why it hasn't been mentioned. [/ QUOTE ] I seriously doubt HOA owns the fence currently. In fact, it probably was the builder who put up the fence. Answer will almost definitely be either my neighbor, myself, or both. |
Re: Who pays when a fence breaks?
i run into this all the time. in most states all are required to split the cost of a fence even if you dont want it. but they have to win in court to get the money. so that doesnt happen often. usually the person that wants it fixed pays to avoid a hassel or asks others to chip in. if you dont want the fence just say so and they get stuck but are mad at you.
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Re: Who pays when a fence breaks?
Ok, heres your problem. Im assuming you live in Cali? right? Get out your CC&R's, thats the bigass book you got with your home purchase. Most likely, it says something like, each homeowner is individually responsible for their side unless it is broken due to neglect, etc, bla bla bla. Basically, you need to get with your neighbor, and split the cost, your HOA is not going to do anything about it. Im a, not sure about legality of a neighbor paying and suing or putting a lien on your property for the half.
tobdog |
Re: Who pays when a fence breaks?
You should replace it with razor wire coils.
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Re: Who pays when a fence breaks?
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Here is an MS Paint of the fence to make it clear. http://img463.imageshack.us/img463/5696/fencena2.jpg [/ QUOTE ] NICE POST!!!!!!!!!!! |
Re: Who pays when a fence breaks?
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I know you are in the US and things may well be different, but in the UK it is usually the people on the "Post" side that own the fence. If you want to put a fence up, you have to present the good side to your neighbours. And it is usually noted on the deeds of the property who is responsible for the fence. [/ QUOTE ] In the US where I live live the person who pays for the fence get the 'post'-crappy side too. |
Re: Who pays when a fence breaks?
[ QUOTE ]
[ QUOTE ] I know you are in the US and things may well be different, but in the UK it is usually the people on the "Post" side that own the fence. If you want to put a fence up, you have to present the good side to your neighbours. And it is usually noted on the deeds of the property who is responsible for the fence. [/ QUOTE ] In the US where I live live the person who pays for the fence get the 'post'-crappy side too. [/ QUOTE ] Not if you don't like your neighbors. Then you just screw em. Ken |
Re: Who pays when a fence breaks?
Whoever owns it.
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