Tuesday, November 17, 2009

Should neighbors split the cost of a fence?

Neighbor needs fence for pool. Mom does not need fence but could use money for other maintenance on 200 year old farmhouse. Ex-husband does not provide enough child support for two kids. He conveniently was 'disabled' at the time of the divorce but now makes double his previous salary and cannot be brought back to court until 2 years after divorce date. Neighbor insists on splitting cost claiming that existing fence (in terrible condition) belongs to Mom. Fence curves around to gate to neighbor's back yard. Fence belongs to neighbor according to property blue print (mom's survey) It was explained to neighbor that mom cannot afford to pay for half of fence and neighbor is angry. Should mom pay for half of fence?

Should neighbors split the cost of a fence?
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Reply:no, typically if the fence is on someone elses property, it doesn't matter if it divides their land from yours. Unless your mom is "hooked up" to his fence, then that shouldn't matter. and if it is your moms fence he can't take it down, but he can put a fence next to it.
Reply:If the fence is on your mom's property, then your mom can tell the lady to build her own fence on her own property. But your mom in not obligated to do anything if its on her property. For legal reasons, I wouldn't let the lady touch your moms fence unless she puts in writing (notarized) that she will fix it for 100% of the cost.

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