Learn something new every day. You've heard of it now. Consider this: the fence is not a pool fence - the fence is a property fence.
Have you SEEN the neighbors in swim suits?
The owner paid more because of the fence (in all liklihood).
One can make the case that ALL the neighbors are enriched by the safety features of the fence. The immediate neighbor more than anyone else.
Nope. If it's a common fence - on the property line or close enough - its value is shared. There's a difference between a property fence and a pool fence: one has shared value, the other not.
Hey, that's what lawyers do. Although I admit, I've never handled a fence case.
"PROPERTY" v s "POOL" fence these are new distinctions - would you be kind enough to provide your source of these descriptions is it made under some law or just something you pulled from the air. Regardless in this case call it what YOU want to call it, "property" or "pool" fence if it was erected as it appears to have been, to comply with requirements that the pool be fenced - th OP has no obligation to contribute to the expenses of its maintenance or to pay any portion of the cost of its replacement.
Neither have you nor will the OP if they chose not to look at them - you sound like you are overly inquisitive or just plain nosy - do you make it a practice to look into bedroom windows if there are no window coverings on them too?
Unless you have some basis for this comment - in all likely hood you are again making this up as you go along - in fact a property that has a fence ONLY on one side might not be found to be offered with this anomaly as a positive feature, and in this case ther OP stated that they had no interest in fences.
This is not an "enrichment" by a long shot, it is a requirement usually contained in the zoning codes and fencing is normally required when a pool added to a property.
NO "my" approval is not required - depending on whether there is or is not a HOA which determines the conditions relating to fences in general, he may only have to inform me and his other adjoining neighbors that he intends to erect the fence and comply with the HOA restrictions regarding the type, placement and height of the fence. My neighbor or I can erect a fence either on the property line or 3 feet inside the property line, with the approval of the HOA.
No lawyers involved in this case and regardless of what you think or what opinions you may have the OP is under no obligation to contribute to the expenses of the maintenance or the cost of replacement of his neighbor's fence.
With respect to you references to "contract law" you might do some "reading in the law" and find out what is necessary for a contract - in the described case there is/are no contracts involved, especially one of the most significant elements of a contract is missing - I won't bother to tell you what it is since you are the expert, but without it there could be no contract and it ain't present in this case!
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