Has anyone ever thought of this ..............
In order for the man to build the pool and fill it up, the city/county had
to sign off that the fence was of legal construction, that it was located
properly, and complied with code. And since you weren't around, you have no
real obligation or liability regarding the previous homeowner, structures
built OFF of your property, or any agreements the previous owner entered
into, either implied or expressed.
Since the pool was built and filled with the supervision of the local
building department, the city/county has stated by their actions that the
fence met ALL laws. If the fence is on the property line, or one inch on
your property, it was an illegal structure that the city/county authorized
as safe and legal.
Since the future fence will be located on his property, I would either tell
him to pay for the thing himself, or offer to pay some small amount to keep
the peace. I would insist that the fence be located at least one inch
inside his property line so he can't come back at you later. Since he
"notified" you that you would "have" to pay half, he may be incorrectly
advised, not know the facts, or just be a garden variety putz.
If the fence IS on your property, even half of it, I would thank him for
removing the fence, let the city/county know that THIS time you will make
certain that the fence is legally located, that you DO NOT want it on your
property, and encourage them to do the same. I would still offer to pay a
SMALL amount just to keep the peace.
If your neighbor continues to be a putz, just make sure the fence is on his
property by notifying the inspector and city/county of your concerns that
the fence is PROPERLY AND LEGALLY situated, and let him pay for it all. It
is ALL of his responsibility to fence in an "attractive nuisance" and NONE
of yours. Is he going to want you to help pay for some pool furniture next?
This one requires the wisdom of Solomon. You have to live next to the guy,
but if he is unreasonable, you gotta stand firm. Otherwise, he will be
coming up with something new every time you turn around.