I might suggest checking with your local building code enforcement department or reading local ordinances. My gut reaction is whomever owns the fence is responsible for upkeep. Of course, condition is going to be very subjective.

Maybe locations require pools to be fenced, so that may solve your problem in terms of responsibility.

Whose property is the fence located on?

The fence is on their property. I found a survey marker in our backyard and the fence is behind it so it is on their property. There is no local ordinance about who owns the fence. The only thing is that a pool has to be fenced in with the horizontal slats facing inside the pool unless they make an angle on the slats so a child cannot climb over. I would not mind paying but many years ago we made a repair on one of the broken posts so our daughter would not get into their pool and the woman called and chewed us out for touching her fence. A few years later a section came down and same thing, we repaired it so our daughter would not get in the pool (because it sat like that for a month and they did nothing) and we got chewed out. Now they want us to pay for half.

We encountered a situation like this when we were remodeling my late mother in law's home to sell it. The neighbor wanted to put in a fence, and thought we should pay half.

The fence did add value to the house, and the neighbor built it to be pretty on both sides. So we did pay half, but our side looks as good as his. The house sold for more than asking, by the way. The fence cost more, because of the extra lumber to make both sides look good.

In your case, the fence is a safety issue. You shouldn't have to pay since the pool and fence are on their property. On the other hand, peace in the neighborhood is a good thing.

Good luck to you!

If it's on their land, it's their pool, their fence, their problem ... And if they fail to maintain it, it will be their citation and their fine.

If it were on your land, you have no obligation to replace it, just maintain it.

I had one rental house in AZ where the neighbor to one side who had dogs and a swimming pool called the city to complain about my disgustingly rotting fence ... it was on my house's land, it was beyond economical repair, so I had it removed.

I gave him a month's notice (with the city's approval) to give him time to arrange a replacement fence on his property, and gave him permission for his crews to enter my property and remove any bits of fence that were in their way during the installation .... I was even willing to cover the haulage fees after he got a fence he liked.

He pitched a HUGE fit because he and was going to have to fence in his property at his expense to keep his dogs in and his pool legal.

He actually went to the expense of hiring a lawyer to try to force me to replace the fence so he could free-load.

The 'fence' is entirely the neighbor's responsibility since it is not a fence, per se, but a required 'pool barrier' that is designed to prevent unauthorized access into their pool.

Only way I'd agree to pay for the fence is if it comes with a gate and an easement for you to use the pool anytime you see fit! :)

You might suggest that the replacement fence be installed 1' inside the property line on his side. That way h can maintain the fence completely.

Upon buying our last house the elderly neighbor informed me that she had built here fence 1' inside her property so she could do as she wished with it. I thought it a good idea, respected her wishes and she was a great neighbor. Putting a fence "on" a property line is ridiculous. Prominent survey markers help.