Neighbor, fence & "Who pay what?" question

My neighbor and I agreed that the fence between our houses needed replacement. Instead of a fence, he gave me an estimate for a block wall ($10,000) which would match the wall on the other two sides of his property. I told him I didn't care whether it was a block wall or not, except that I would pay only 1/2 of what a **fence** would cost, and if he wants to pay the difference for a block wall to match his other wall, that's his business.
Opinions? Fair?
Thanks!
SO
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SO wrote:

Absolutely.
Don in Tracy, Calif.
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If your neighbor is intent on block wall, then let him pay for it, and make sure, based on a new survey of property lines, that the block fence is entirely on his property. Splitting the cost is only appropriate if (1) the fence is *on* the property line, and (2) you both fully agree on materials and style. Your offer of paying half the wood fence cost is generous indeed, if you cannot abide with splitting a $10,000 cost. The backdown position is to pay none of his costs, unless you really want a fence there. Of course you have to make these decisions based in large part on affordability, and on your neighborliness and attitude toward this owner.
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assuming you mean the price of a 'decent fence', i think its absolutely fair.
although if it also just happens to match block walls on the other 2 sides of YOUR property as well your case gets a little weaker. but im guessing this isnt the case.
randy
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Will our opinions have any effect on your neighbor's decisions?
Jeff
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My neighbor wanted to replace the fence between our houses. He just asked me to pay for half of the materials which was I think about $150. He did all of the work and he even faced the "good side" out (you know those wood fences that have a good side and a bad side). I was happy to give him the money.
Of course if your neighbor has a good looking wife and he sends her over to mow your lawn for a year then you might consider giving a little more.
Otherwise I would pay half the cost of a standard replacement fence. You really are not obligated to pay anything since it's not your fence.
Mort

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Mort Guffman wrote:

"Good side out" is often required by code.
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Dan Hartung wrote:

If the fence is on the common property line and you are splitting the cost with your neighbor, who gets the good side if "good side out" is required by code?
Don
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SO wrote:

Here's the basic law on fences:
1. If your neighbor puts up a fence and you do nothing your are liable for half the cost of the fence (see "assent by silence" and "unjust enrichment"), irrespective of its cost. This has been the common law since 1216.
2. If your neighbor starts constructing a fence, and you object to paying anything, you are off the hook entirely.
3. It doesn't matter whether the fence is on your property or his. (Of course if the fence is on your property, you can tear it down, but that has nothing to do with your liability for the original cost.)
4. You may agree - as you have done - to pay your half of the type of fence you want and you are not liable for any more than that.
In your particular case, if a "regular" fence would cost $1000, and you are okay with a $10,000 wall, you need only contribute $500 to the project.
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wrote:

That might be good as an example of common law treatment of the subject, but it means diddle as far as being enforceable anyplace in the US where that provision of the common law has not been codified in statute or in a state/commonwealth that has laws that are not based on the English Common Law.

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snipped-for-privacy@invalid.com wrote:

A few years ago, there was lawyer in Virginia who used the 'it's my fence but you have to help pay for it' law to force several of his neighbors to pay tens of thousands of dollars for their 'fair share' of the fence.
Just a few weeks ago, he wound up in jail after killing the one neighbor who fought him the most.
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He isn't automatically enriched, so this may not apply

Sure it does. Insist that it be on his property and then you have no responsibility for it.

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That's always the problem with "Common" law. It's commonly interpreted differently.

It matters a great deal. And in many jurisdictions, zoning laws will actually preclude this type of dispute by not allowing fences on the property line. In any case, if it's entirely on his property, you're not liable in most instances.

And in any case, the written agreement is what holds up in court.
Jeff
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10 grand? Yikes how much distance is there? A standard FENCE BLOCK wall, 6 foot high with a footing is running about $20 bucks a foot here in Phoenix, with permits.
If the wall is standard block 8x8x16 the cost would rise a bunch cause your going to have to grout it both vertically and horizontally.
You offer to pay half is the neighborly thing to do. I would call some contractors myself and get some independent bids.
Concrete fences are forever wood will and does go away.
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Yeah, sounds like the neighbor wants money for both halves with some change left over for a night on the town.
Bob
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On 29 May 2004, SO wrote

Definitely fair.
You split the cost of an appropriate replacement fence, and if either neighbour wants something fancier, that's who should pay the whole of the difference.
--
Cheers,
Harvey
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Assuming the fence is actually on the exact property line, that sounds like a fair solution.

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Sounds very fair to me.
If your house would look better if he parked a Mercedes in his driveway, would you pay half?
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wrote in message

OR,if he made improvements(HI) to his house,and the property values increased,making your house more valuable,should you pay for part of his HI expenses? I don't think so.
--
Jim Yanik
jyanik-at-kua.net
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