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silvercanadian

Opinions on fence with new neighbour

silvercanadian
12 years ago

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?

Comments (6)

  • aidan_m
    12 years ago
    last modified: 9 years ago

    First of all, you sound like a good neighbor. Your neighbor also sounds like an honest, reasonable person. Good neighbors work these things out.

    Tell him that you wanted to split the cost of a fence that both of you liked. But since he decided the type of fence, arranged everything, hired a contractor, and proceeded solo, no hard feelings, but that you would like to do the same. You understand that he is building his own fence, and you still intend to build your own fence. Each neighbor will pay for their own fence. You do not need to offer anything other than yourself as a good neighbor!

    Now the part to figure out is whether you two neighbors actually need a space between fences for maintenance room. Offer to allow him to build the fence along the property line if you can install your fence directly to his. No maintenance necessary. Or agree to each give up one foot so there is a small strip to walk between.

    Maintenance room is not a right of property ownership. Setbacks usually do not apply to fences. An easement would be clearly indicated on the plot plan. Where I live a nice lot with a yard is 50' x 100' People build fences against fences all the time. I find it funny that someone would expect their neighbor to want a few feet of clearance between the fences. We're lucky enough to not have our houses sharing common walls.

  • silvercanadian
    Original Author
    12 years ago
    last modified: 9 years ago

    Installing against his fence is something I hadn't thought of. Sorry for sounding dense, but how would that work exactly? From what I understand, he's doing 4x4 posts and a 2x4 flipped on it's side between the two 4x4's at the top, all even at the top. All fence boards vertical underneath the 2x4. One side of the fence boards would be flat and "nice", the other side would have the horizontal support board mid way down. So, are you thinking he puts the "bad" side facing us, then we can attach our boards to the bad side of the fence? I'm thinking this won't really get me a different style of fence though as I am now stuck with 4x4 posts, and not being able to have posts sit taller than the fence.

    I am thinking that is not quite what you mean though, so if you can expand on your idea, I'd greatly appreciate it. My mind is a bit frazzled as of late with the new house, unpacking, no show appliances and being pregnant! LOL

    You're correct in that we have no setbacks or easements for fences here. The rule is just to make sure it's not past the property line onto any city owned land (in our case the street side of our corner lot). Other than that, whatever you agree to with your neighbour.

    I definitely don't want a large gap between the fences, I would rather we had just come up with something acceptable for the both of us in the first place. I just see a problem if he decides to put it 2 inches onto his property, I am now out of luck for where my posts go as I now have to offset them from his, which means pre-done fence panels are out. Limiting my options I guess. And if my fence is a completely separate fence, I can't stain the other side of my boards is my fence is only several inches away from his. Your option of building against his fence is likely to resolve this once I fully understand that. I don't think anyone does that here so can't say I've ever seen it.

    If I did suggest a foot on each side (which I am hoping not to have to do) then he has to move his sprinklers, else he is just watering his fence for 60' and I'm sure he won't want to endure the cost of moving those since he just had them put in.

    And thanks so much for the reply. Different perspective and ideas are very helpful in my frazzled state. :)

  • sierraeast
    12 years ago
    last modified: 9 years ago

    Out here most folks dont build their fencing right on the property line, but hold it back 6" or so unless an agreement is made where you split the costs, or if one foots the bill, it is agreed that the neighbor can tie into the new fence. Legally by putting it dead on to the property line, the fence becomes the property of both homeowners regardless of who paid. Sacraficing even a foot or two of property typically keeps the peace unless there is reason you want yours right on or very close to the line.

  • silvercanadian
    Original Author
    12 years ago
    last modified: 9 years ago

    If he puts it back 6 inches, it will be on top of his underground sprinklers. Also if we end up with a one foot gap between the fences, it may cause water issues for us in the spring as it will surely fill with the snow over our long winter and we won't be able to get between to get it out. I expect this is why a gap between fences isn't common here.

  • sierraeast
    12 years ago
    last modified: 9 years ago

    Understood! The only time I've seen two different fence types running next to one another was a neighbor had an old failing cedar wood fence. The opposing neighbor wanted to replace it with a block wall and pay for it all. The neighbor with the cedar didn't want his fence tore down and replaced with block even though his fence was failing, would not have cost him a dime, would imporve his property value/lot....on and on. The guy built the block wall off the property line on his property without disturbing the old delpitated cedar fence. Strange!

  • stolenidentity
    12 years ago
    last modified: 9 years ago

    I would just let the neighbor put his chosen fence up and when he comes for payment just say no, you don't even like the fence.