We bought a newly constructed home in a new neighbourhood; corner lot. Prior to purchasing, there was a pre-existing fence that the rear neighbour built shortly after he moved in a couple years ago. The neighbour at the side had no landscaping done and there was no fence around any part of his yard.
Once we had an accepted offer in on the home (March of this year), I knocked on the neighbour's door to let him know when we'd be moving in once our house sold (condition of the sale) and asked him if he was considering a fence for this year. He said he was, and I said that we'd like to be involved in the decision and contributing to the cost of building a fence after we took possession. We discussed fencing types, and although we didn't decide on anything, we both agreed that vinyl and treated lumber were out of the question. Also agreed we'd speak more once we took possession.
Fast forward to one month before possession (end of May). Our house had sold so the new house was official and I stopped by the neighbour's again to let him know that our sale condition had been removed and asking if he wanted to discuss the fence further at this time or wait. He told me he had gone ahead and booked a crew to come in and do a treated lumber fence because he got a decent deal as 2 of his family members were also getting fences done at the same time by the same company (family members do not live in the same area of the city). He claimed that he had no idea if we were actually moving in and couldn't get a hold of us anyway, so he just went ahead and booked it.
It was supposed to be installed the week prior to us taking possession. He asked me if that fence was fine with me. I told him honestly, that I did not want treated lumber, the style he chose wasn't my first choice and didn't complement the one behind us, and that my husband was actually fine with building the fence (with or without neighbour's help) rather than spending the money on a contractor. We've built high quality, sturdy fences at our last 2 places so had no issues with building as long as materials cost were split. The conversation petered off and it ended up with him saying he might just put the fence on his property then so we could do what we wanted. It's not like I could do much about it anyway since if he pay for and has everything constructed before I move in, it's out of my control.
We've been in the house 2 weeks now, the fence guys haven't shown up yet due to a week of rain slowing things down, so the fence is at least 3 weeks behind schedule. We've had brief chats with the neighbour and he's still unsure of what to do with the fence, on his property or down the property line.
Now, finally onto my questions!
1. if he puts it on his property, it will only be a few inches as he had underground sprinklers put in several weeks ago near the property line. So, if he puts the fence in further, his sprinkler will be outside of his fence. If it's only a few inches on his property, he had no room to maintain it and we can't build anything ourselves without coming way in on our property so we have room to maintain. And if we don't build anything, I can't do anything to the side facing us, like staining it to complement our home, since it's not our fence.
2. if he puts it on the property line, I'm stuck with a treated lumber fence in a style that I don't want and will have 3 types of fencing on my property once we do the other side. And I'm unsure of whether I should pay for half of it? I had no say in the contract negotiations, no say in the lumber type, no say in the fence style, and none of the price, lumber or style are what I wanted. I don't have to get my way 100% but I was given no choice for compromise.
I'd like to discuss it with him ASAP so he knows where to put the fence. If I tell him to put it on the property line, I feel obligated to pay for half, but I'm forced into paying for the fence he picked and negotiated pricing on. I kind of feel like he already wasn't neighbourly as he obviously wasn't truthful about his feeling in our original discussions, or he changed his mind. And really, other than doing it to be a good neighbour, he had no reason to contact us when making these decisions since we didn't even have possession of the home at that time.
If it would have been here and built before we took possession, I'd feel better about the situation as I'd hate the fence, but I'd feel no obligation to pay for it since it was here before we got here.
Would offering a portion of the cost, less than half be an acceptable compromise? To keep good neighbourly relations, but to take in to consideration this is not at all what we originally discussed and not what we have the budget for at this time. If this seems reasonable, what percentage of the cost would seem a fair offer?
Any other ideas?
aidan_m
silvercanadianOriginal Author
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silvercanadianOriginal Author
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