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Download Printable Contract (.DOC format) Formatted and ready to use with Microsoft Word, Google Docs, or any other word processor that can open the .DOC file format. That changed in the 1980s, when the Legislature passed a law known as the Good Neighbor Fence Act. If you go to small claims court . This basic cost is defined as the cost of erecting a 4 foot chain link fence to minimum construction standards. 0. You might get along well, be friends or maybe strangers overall. If the neighbor still refuses to pay, the fence-building neighbor can (after having conducted due diligence and armed with proper documentation), file suit for contribution from the neighbor for their share of the costs. It’s often best to find a compromise, for example sharing the cost of a new fence panel. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence. The cost to repair, maintain or reconstruct existing division fences must be shared equally by both property owners, based upon the type of fence in place. Then write a demand letter requesting payment from the neighbor. There will probably be a reference librarian to help you find information on this issue. I'm going to approach them to split the cost - and I'm certain the neighbors on either side of me will agree to it - but I don't think the neighbors behind me will. Also, your neighbor might want to split the cost of building the fence. Go to mediation. WF75194 Application for Fence Cost Share Form Template Owner: Usha Chatwani Effective Date: 02/20/19; Revision: R7 Page 1 of 5 APPLICATION FOR COST SHARING OF GOOD NEIGHBOR FENCING Tel: (408) 630-2650 Fax: (408) 979-5635 5750 Almaden Expressway, San JoseCA , 95118 . We are completing the fence of our yard and shared the cost with one neighbor and another one is willing to pay us as well. Arguably the … Maintenance is the Best Option to Keep Fences in Great Condition. We spoke to all 3 of our neighbors about sharing the expense. If you share a fence with a neighbour, you should chat to them to discuss sharing fencing costs. However, this can work well, as aforementioned, if the fence line is entirely located on your property. You can break this down for each neighbor with whom you share fencing. To be good neighbors with adjoining property owners, the Santa Clara Valley Water District (Valley … The contribution between owners towards fencing work may be altered by an agreement between them. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Angry neighbors also won't generally take on a share of the cost of fence replacement, which could leave you with a pricey tab to pick up. If you don’t have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). The law will let you know your rights on sharing the cost of the fence with your neighbor. In most states, if a neighbor uses an existing privacy fence to enclose part of their property, that neighbor becomes responsible for one half the cost of maintenance and repair of the common fence. 3.7K posts 27 February 2017 at 4:44PM. Sharing the cost of the fence only seems fair since you will be sharing the fence, and many neighbors are more than willing to contribute, but they are also likely going to want a lot of input on the project. It could help you to keep a good relationship and will probably be cheaper than paying a solicitor to resolve the disagreement. Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. Existing Fences. There is no strict formula used by the courts to determine the sharing of costs between neighbours. If you have a boundary fence and the neighbor refuses to pay for their share of the repair costs, you may decide to take legal action. If the Neighbor doesn't like the responsible parties solution they are free to put their own fence, at their own expense, on their side of the boundary. However, the non-cooperating neighbor is required to provide “reasonable proof” to support the contentions. Some fences have a good side and a bad side. By-law. richardhay makes a good point -- where I live the party erecting the fence is expected to put the "good" side facing his neighbor and the "bad/interior" side facing his own property (best example is a wooden fence). Are there other restrictions? What are my options to get us moving? You should have discussed this with neighbor at the time of moving in, and noticing the fence being built. Have the repair work performed. If you need to find out who owns the property you share a fence with, please complete a Request for Information - fencing form with: your details; why you need the information; a copy of your ID (driver's licence, rates notice or birth certificate). The 2 side neighbors are willing to go half with us on the cost. Face the Finished Side of the Fence Toward Your Neighbor. How high can your fence be? You may want to make a trip to your county courthouse to use the law library. With a little understanding, you can find the perfect blend”. There will be a fence law for your region so check it out. Dividing fences are one of the most common causes of disputes between neighbours. If a property owner installs a fence completely on their side of the property line, the fence is theirs. Find out who owns a neighbouring property. In the spring we will be replacing it with a wood privacy fence. If you accidentally build on your neighbor’s property, you might have to tear the fence down later, so take your time and study your plat (a drawing that represents a survey) with your neighbor. Consequently, when a fence needs repair, both property owners must share the cost. When sharing the cost of a dividing fence with your neighbour, is it possible to approach the topic and get the desirable outcome you need? Get it in Writing. Try to get at least three estimates. Richard A. Rodgers, Esq. In the extreme circumstances, the non-cooperating neighbor can rebut the presumption of equally sharing the costs of the fence. The fence cost $1,785, and I had expected my neighbor to pay for half of that. He refused by stating that the previous owner agreed to replace the fence at its own expense (no written trackrecord of the agreement). Please note – work must not be commenced prior to an agreement being reached between the parties. It is in your best interests to speak with a qualified lawyer for those special circumstances. Plus know where to place the fence, if you build on your neighbor’s property, you will have a dispute to deal with, and the fence will need to be moved at your cost. Then most likely you are sharing a fence with your neighbour, or maybe even neighbours on both sides of your house. Many years ago my mom's next door neighbors approached her about sharing the cost of a fence they wanted to put in for their dog. Know your legal responsibilities over dividing fences. This means of course that one particular neighbor owns the fence. Read about your responsibilities as a fence owner for the rules you should know before starting work. To do so requires the neighbor to show disproportionate benefit, financial constraints, etc. And so is the bill for it. I offer to my neighbor to split 50-50 the cost of the new fence. If you share only part of a fence with a neighbor, get an estimate per linear foot and measure your shared length. Even in situations where two neighbors agree to share the cost of a portion of fence that will be between their respective properties, it is still best that the fence be on one side or the other. a bit of give and take is always better though. The total "cost" of the fence should be split 50/50. When the law clearly indicates that you should share the cost with a neighbor, you can consider taking it to small claims court. The bad side is usually where the rails and posts are while the good side is smoother and more polished. The statute now requires a landowner who intends to incur costs due to constructing or repairing a fence shared with an adjoining landowner and who wishes to have reasonable contribution toward those costs by the adjoining landowner to provide the neighbor written notice at least 30 days prior to any construction or maintenance of the fencing. If the fence is actually on the boundary line, you are probably liable for half the cost. The law itself was put into the California Civil Code in Section 841. If your neighbour owns the wall or fence. The 3 sides of our back yard have a very old chain link fence. TheCyclingProgrammer Forumite. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. Check the Law. Should the owner of the boundary be the one that pays for the whole fence? The neighbor's labor is technicaly not a cost since he didn't pay anyone - but if you want to be a good neighbor, you should offer to pay something for the labor, which you would have had to pay for anyway if a third party contractor did the job. (805) 230-2525 But, to quote the lyrics of a good old Aussie TV soaps’ theme song, “Everybody needs good neighbours. As a general rule it will be assumed that each neighbour receives an equal benefit from the fence and therefore should contribute equally to costs. It is on the property line. An agreement may be in any form, but it is recommended that the attached form be used. However, where one neighbour wants more work done than is necessary for a sufficient dividing fence, they can pay the extra cost. Situations Unfavorable for Cost Sharing. The back neighbor is a nut case and will not even discuss sharing cost. Even without input ten months ago, the law doesn't become flexible. 27 February 2017 at 4:44PM . What do people do when people don't want to pay for a needed new fence? Generally, each must pay half the cost of building or repairing the fence. Avoid fence repairs by maintaining your shared backyard fence. When it comes to upgrading or fixing your fence that has been dividing two or three households for many years, then sometimes not knowing the legal obligations can make the relationships worse. 03-07-2012, 08:34 … it is expected that most lots will be arranged such that they own 50% of the fence around their property (i.e. Re: sharing fence cost. So this is hot in my house. That neighbor receives the value added to their home for having the fence. Neighbor Fence Contract Create your own printable contract — FREE! If you are of opinion that the neighbor will have a hard time keeping up with the maintenance costs of the fence, then it would be great to leave them out of the plans and go alone. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. To be safe, install your fence 1-2 feet inside the official boundary lines. If the proposed work is more expensive than work needed for a sufficient fence, the extra cost should be paid by the person wanting the special fence unless both owners agree to share the total cost. Depending on your situation with your neighbors and their finances, paying for the new fence yourself may be the most hassle-free way to get your new fence, and there are other … At the time she really couldn't afford it (single parent, 2 kids in college) and she said so. When neighbors sued a neighbor over the cost to repair or replace a fence, trial judges had little guidance with regard to who was ultimately responsible. Hi, this is my first time posting on HT but been a long time lurker. Everyone was very friendly about the whole thing and they went ahead without her using a style that looked nice on both sides. I do not want to go to court for a fence but in the meantime I want my neighbor to pay its fair share. Who is responsible for the cost of a fence. 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