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How do you handle shared fences when neighbors don’t cooperate?

Posted on 7/1/19 at 1:03 pm
Posted by BabyTac
Austin, TX
Member since Jun 2008
17175 posts
Posted on 7/1/19 at 1:03 pm
Fences are getting old and starting to have boards fall out, entire sections lean over, etc.

I can replace the fence myself and am planning to do so. Sections are shared between three neighbors. One is cooperative and said would split any costs needed on their part.

The one in the back is a renter, but gave me the owner’s name. I’ve left two messages, and have not heard anything back.

I’ve spoken to the last one twice, and each time, they sort of put me off not giving me any direct answers.

Should I just go ahead and replace their sections and eat the costs. Doesn’t seem fair, but I’d like a fence that doesn’t look like trash. Also, any liabilities to be in their yard as I do so or just let them know I’ll be going ahead with or without their help?

Thanks in advance.
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76772 posts
Posted on 7/1/19 at 1:04 pm to
whoever built it owns it.
Posted by JPinLondon
not in London (currently NW Ohio)
Member since Nov 2006
7881 posts
Posted on 7/1/19 at 1:05 pm to
This question is older than humanity itself. It is written in the stars.

I wish you the best in this journey for truth.
Posted by GEAUXT
Member since Nov 2007
30617 posts
Posted on 7/1/19 at 1:05 pm to
We recently replaced ours. I didn't want to involve the people on the other side because the fence is on our property and I didn't want them to have any input.

What is annoying is they are letting weeds and vines grow all over their side of the fence which are starting to poke though.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68603 posts
Posted on 7/1/19 at 1:06 pm to
quote:

whoever built it owns it.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 7/1/19 at 1:06 pm to
If he doesn't want to pitch in, you can't make him.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/1/19 at 1:06 pm to
quote:

Should I just go ahead and replace their sections and eat the costs


going to give my rarely seen, non-sarcastic, straight dope response, if you want to bring the fence up to date, do it, inform your neighbors and give them the opportunity to share in the cost, however, unless you have some funky HOA rules, they are not obligated at all to pitch in, in any form
Posted by Dam Guide
Member since Sep 2005
16797 posts
Posted on 7/1/19 at 1:07 pm to
I own my entire fence on all 3 sides, I have to fix it. Shouldn't of let your neighbors build on to it.


A lot of codes have you build off the property line, so I own both sides.
This post was edited on 7/1/19 at 1:08 pm
Posted by BabyTac
Austin, TX
Member since Jun 2008
17175 posts
Posted on 7/1/19 at 1:08 pm to
The neighborhood is about 20 years old and all homes built by the same builder. I imagine the fences were just built on the property lines of each home by the builder.

Doing a history search, no three neighbors are original owners. We do have an HOA, so maybe I need to check there for any references.
This post was edited on 7/1/19 at 1:10 pm
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 7/1/19 at 1:09 pm to
One word for the other neighbor's side: surveyor.

Be sure to put the new fence on YOUR side of the property line, backed by a certified survey, and a couple feet onto your property. Then when the old fence falls down and becomes an eyesore/liability for the Slumlord and he wants to complain, tell him you'll get back to him in a likewise timely fashion as when he did you.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 7/1/19 at 1:11 pm to
One, I wouldn't buy a house with a shared fence.

But given the details of your situation, I'd just leave the shitty fence up and have a new fence built on my property that hides the shitty one. Let them deal with the shitty fence and not get to enjoy a nice, new one until they pony up for it.
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 7/1/19 at 1:19 pm to
quote:

We recently replaced ours. I didn't want to involve the people on the other side because the fence is on our property and I didn't want them to have any input.

What is annoying is they are letting weeds and vines grow all over their side of the fence which are starting to poke though.


Get a ladder and a jug of round up and spray 12" from your fence towards their house. I do this twice a year along my back fence. If they don't like it they can get out and clean that shite up. Until then it gets the round up.
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 7/1/19 at 1:20 pm to
with cooperative neighbor:

remove fence, create a 12" sidewalk where the fence is then replace the fence. this gives you a maint free beautiful looking yard because lawn mower trims it clean with nothing else needed and no worries of kids, critters, or pets digging under the fence. i would also suggest considering a nice pvc fence so it lasts forever.

with non-cooperative neighbor:

do the same as above but make sure its all on your side of the property and maybe leave the ugly arse rotten fence there to keep his property looking very trashy unless you can work out a deal with them but most likely, as with all rentals, he knows he gets a new fence in the end just by ignoring you completely

i have heard there are ways to force shared expenses in some cases but its rarely worth what you have to go through and it requires some sort of justification to prove its a necessity like a tree about to fall on your house. i doubt an ugly fence about to fall down would qualify
This post was edited on 7/1/19 at 1:22 pm
Posted by TechDawg2007
Bawville
Member since Nov 2007
32634 posts
Posted on 7/1/19 at 1:27 pm to
Paint the board side facing their yard rainbow colors. Why do that? Because frick them
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76772 posts
Posted on 7/1/19 at 1:28 pm to
quote:

round up


enjoy the cancer
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/1/19 at 1:29 pm to
quote:

round up


quote:

enjoy the cancer


if Agent Orange hasn't gotten my arse by now, I'm good
Posted by The Torch
DFW The Dub
Member since Aug 2014
30412 posts
Posted on 7/1/19 at 1:30 pm to
Move about a foot in on your property and build what you want, paint a middle finger on the other side facing stingy neighbor
Posted by Slevin7
Member since Sep 2015
2833 posts
Posted on 7/1/19 at 1:53 pm to
I keep hearing "build the fence on your property"...

To heck with that. If I build a fence I'm building it on the neighbor's property. If they don't want to kick in to replace the existing fence they aren't going to put in the effort to make you move it. I wouldn't go crazy and grab an extra 20' but yeah its going on his property. He'll probably just be happy he got a fence.

quote:

“Acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time.” La.Civ.Code art. 3446. “Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith.”




I'd build it and wait.
Posted by skinny domino
sebr
Member since Feb 2007
14536 posts
Posted on 7/1/19 at 1:59 pm to
quote:

This question is older than humanity itself. It is written in the stars.

I wish you the best in this journey for truth.

winner, winner popeye's 5 piece with 16 ounce coke.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122525 posts
Posted on 7/1/19 at 2:01 pm to
quote:

I’ve spoken to the last one twice, and each time, they sort of put me off not giving me any direct answers.


Then proceed. Just write down a timeline of when you attempted to talk to them and didn't get a direct answer.. Just in case some legal bullshite comes up. Are you expecting them to pay? If so, that could be a different story.
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