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Step 2: Take Notice of Your Neighbor. How to get your neighbor to share the cost of a dividing fence. Generally, neighbors are equally responsible for maintaining and repairing their common fence or wall. But if it was a wild animal, for example, or if it happened because of weather (e.g. A dispute over fence responsibilities and expenses can potentially create bad feelings between neighbors. Fortunately, this is quite easy to do. We want our customers to succeed let us take over the worry of your fence. You should be aware, though, that if you refuse to assist with maintenance and car of the fence, then you have no ownership over it. However, the injured party would need to be able to show that they were substantially and unreasonably harmed. Step 1: Talk to your neighbor. If the removing party can show that the other person deliberately blocked their view with a structure that is not of use to them, they may be able to take a fence, wall, or tree away. Where one person's property ends the other person's property begins. If the fence is not causing safety hazards on your side, you cannot force your neighbor to replace or repair it. So, now you are fully informed about who might be responsible for the fence repair if the fence is located on a shared property. If the fence needs to be replaced, then the cost should be shared between the neighbors. Since you learned several scenarios and several alternative ways of solving this issue, now you will be able to easily fix this situation should it occur. And also, you will be able to fix that issue peacefully without becoming enemies with your neighbors! Texas does not have a specific state law that addresses boundary line fences. They will be able to help you and give you all the needed advice and guides. Boundary fences technically belong to both property owners, as long as they both use it, and every state will interpret "use" very differently. A common dispute among neighbors is who owns and is responsible for maintaining the fence between their properties. See, we have a fence thats on a shared property. If your neighbor built the fence, then you hold no responsibility for taking care of it. Cities or property owner associations often try to regulate things such as fence height, but for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. Does joint custody serve everyone equally. If it was clearly done by the person, then it is their responsibility to fix it. Click, to view our portfolio of fencing installation and designs. A fence may also travel back and forth across a property line so that it sits partly on one neighbors land, and partly on the other neighbors land. Trees can also be another source of a property line dispute between neighbors. If the fence is right on the property line, some states mandate that neighbors share replacement costs on any existing fence. Consequently, when a fence needs repair, both property owners must share the cost. The owner of the fence is usually responsible for maintaining the fence. I understand the wall retains my property from encroaching onto their property, but the fence is mearly a divider that doesn't need to be their. Expert Answers: The law places responsibility on both parties because both benefit from the fence. Below, we will go over all of these common scenarios in order to help you figure out which one applies to you: See, the general rule of thumb is that the issue of fixing a fence (or replacing it if needed) is typically a responsibility of the person who installed it. Who is responsible for a fence between neighbors? Without another party to share responsibility, and since you regularly see both sides of the fence you want both sides of the fence to look good to you. Well, since its located on a property line and it is (as I assume) on a shared territory, then you need to get the agreement from your neighbors. You need to make sure that you are aware of any state or local laws that may apply in this case. When Can a Commercial Lease Tenant be Locked Out? The first step to finding out if you own or share your fence is understanding of where your property lines are. fence repair responsibility, Your email address will not be published. Nor should they! However, local municipalities may have their own codes about these matters. You could put up your own fence alongside your neighbors, within your property line. Good neighbor fences alternate the picket and rail side of the fence every panel so that each neighbor gets an equal share of the pretty and ugly sides. Once it's safe to go outside, you should take photos of your damaged fence to prove the damage took place. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. Thank you for the article, I found it very helpful! This is because the fence is on or close to the property line for both owners and both neighbors enjoy similar benefits from the fence. In this case, the best thing you can do is to contact your local municipality. So if a fence falls down, who is responsible? The law places responsibility on both parties because both benefit from the fence. So, if your tree should grow over a fence and the branch breaks and damages the fence, then you would be responsible for the damages even if the fence is not yours. On the other hand, if you fence was damaged due to regular wear or weather, then you should move on to the next step we described below. So bake some cookies, knock on their door, and figure out a fence plan that works for both of you. In many locations, according to Findlaw, the responsibility for a boundary fence is by law automatically divided among the property owners who enjoy the benefits of the fence. One common practice among neighbors to determine the responsibility for repairs and maintenance is the direction of the fence. If you own a house, you definitely have a fence around it. While the above will be true for most, in some instances things can get a little murky. As long as it's not higher than 2m, your neighbour is free to put up a fence on their property. Who owns the fence between two houses? Yes, this type of damage is covered by insurance. The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost. To find the property lines yourself, use a metal detector to locate the pins surrounding your property. Knowing what's under your property reduces the risk of accidents when digging. 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. Whats the best kind of back yard fence for dogs? In this case, if you do have proofs that your neighbors caused the damage to the fence, it is their responsibility to fix it. Who is supposed to fix the fence if Im buying a home with the fence broken? In Oklahoma, adjoining property owners are mutually responsible for the costs of maintaining a boundary fence unless one owner elects to hold his or her property out as open and not enclosed. Boundary fences are owned by both owners when both use the fence. HOA rules) specifically requiring it. The fence may require painting or other work to maintain its appearance. Homeowners may find that their property borders someone elses with a fence between them. In general, the obligation to maintain and repair a fence built on a boundary line between two properties is with whoever built the fence. Deterioration due to age or normal wear and tear, Improper installation, including damage that occurs because of this, Homeowner negligence, (breaking it yourself). However, if it happened due to improper installation, you need to contact the fencing company. If you built the fence, then you assume all responsibility. A board-on-board, picket, stockade, rail, or plank wooden fence, can suffer damage even more easily than metal, concrete, or other high-strength materials. So in case you feel that the cause of an issue is the way the fencing company installed your fence, it is best to get in touch with them. Paint If the plank side, more commonly known as the pretty side of the fence, is facing you, then you are responsible for it. However, the fence may be situated not on your land exactly. However, as you can see from the list we provided above, that is not always the case. For more information about fencing options or to request an estimate, check out our. In Arizona, the law does not specifically address residential fence and wall disputes.? Consequently, when a fence needs repair, both property owners must share the cost.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. See, fences on a boundary line belong to both owners when both are using the fence. When it happens that you need to fix a fence, you might have certain issues regarding this if the fence is dividing your property and the property of your neighbors. When fence maintenance or upgrades become necessary, such good neighbors will readily do their part and pay their share of the costs. Who pays for a fence between neighbors? If the T is written on your side of the boundary, youre responsible for maintaining it. Texas does not have a specific state law that addresses boundary line fences. However, if a neighbor performs an activity that results in a damaged fence, that neighbor is also responsible for the repairs since their actions lead to partial or full destruction. This also includes fallen trees, random objects from a tornado, and more. Need repair or a brand new fence? Texas Fence and Iron aims to deliver our clients durable fencing for years to come. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. What about in severe weather conditions? If youre part of a Homeowners Association, make sure the fence you want complies with any structural and design rules they have for new fences. What Steps to Take When Your Fence Is Damaged? A landowner who builds a boundary fence without getting agreement from the adjoining neighbor first has no right to require that neighbor to contribute to the costs of construction or maintenance. Look to Texas Fence and Iron as your solution! Fence ownership is determined by where your fence lays on the property line. The law places responsibility on both parties because both benefit from the fence. Score: 4.4/5 (64 votes) . An experienced Arizona real estate attorney can help you examine your situation logically, and identify possible solutions. Responsibility Falls On The Person Who Installed the Fence If the fence was installed by the homeowner, it is the homeowners who is typically responsible for any repairs that need to be done. One of these four houses, therefore, must be responsible for both its flank boundaries. If it is not and if any damage is caused to it, the fencing company may be responsible. The fence belongs entirely to your neighbor if it lies on their side of the property line. There are some general steps that need to be taken before repairing a fence on a property line: First of all, it is important that you figure out what was the reason for the fence to get damaged. However, we want you to pay attention to the fact that the fencing company is only responsible for damage that occurs while the fence is under their care! The sides of the fence that face a homeowner have no bearing at all on who owns which side of the fence. In this case, who is going to be responsible for the fixing needed? Then you and your neighbor can get together and make the best educated decisions in regards to making the necessary repairs or replacement to your mutually shared fence line. There is another scenario when the landowner is responsible for any fence repair on a property line. It would be upsetting if a fence crew were to show up without notice to tear down and replace a fence that they partly own. Laura B. Bramnick?s service coverage extends to all of the following Arizona Cities, Towns and Municipalities: Scottsdale; Phoenix, Mesa, Bullhead City, Flagstaff, Glendale, Fountain Hills, Glendale, Tempe, Chandler, Gilbert, Goodyear, Lakeside, Paradise Valley, Payson, Prescott, Peoria, Pinetop, Sedona, Tucson; Maricopa County, Pinal County; Arizona. A shared fence is also called a boundary fence, it sits on the boundary line between two properties. If you cant find your ground pins or need more exact measurements, contact a surveyor. Therefore, the fence is located on one of the neighbor's property who will be responsible for the fence. That is the person who is responsible for fixing it, if she or he chooses--a person is under no obligation to have a fence at all, or put up one that fell down, unless and only to the extent there is some legal document (e.g. Hi everyone! This is because each person is benefiting from the fence. This usually happens when both parties have agreed to it. Fences are used not only for protecting our homes and territory from unwelcomed intruders, they also often help to separate our land and property from the land and property of our neighbors. It may happen that youre responsible for repair in this case. The information on this web site is not intended to constitute legal advice or to create an attorney-client relationship. Again, as expected, party walls and fences would be the joint responsibility of both neighbours. Who pays for a fence between neighbors? In this article, we will tell you more about fence damage responsibility. This is why we suggest you explore each of these scenarios more detailed in order to figure out what your best options are. Who is responsible for the fence between houses? If you own your home you should find a copy in your paperwork. If the information is not listed on the title plans, youll have to check the plans that are registered with the municipality. In the majority of cases, most homeowners insurance policies do not cover damage caused to fences by weather or by animals. And in case of shared property lines, there are often argues between the neighbors regarding who will be fixing the damaged fence. Most neighbors understand this and will voluntarily agree to taking some responsibility for fence repairs and maintenance. My HOA is being Unfair. Its important to know this before you buy. If the front fence covers both sides of the property line between owners, homeowners will share the cost of repairs, upkeep, and new fencing when needed. Some companies may even offer warranties for their work. Normally, the householder who owns the fence is responsible for maintaining and repairing it. The law places responsibility on both parties because both benefit from the fence.Consequently, when a fence needs repair, both property owners must share the cost. The law states that the tree belongs to the person whose land on which the trunk grows. 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. They will use GPS coordinates to determine exactly where your property lines are. 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. Yes this is the only fence. The law places responsibility on both parties because both benefit from the fence. To be precise, wind-related damage to a fence is typically covered by homeowners insurance whether it's the result of a tornado or just a fierce storm. The back of the fence - the side where the posts are visible - faces the owner. Will you be sharing your fence? Related:Small Studio Ideas: 10+ Sleeping Place Hacks. The neighbor to the left has a short chain link fence, and the neighbor to the right has a wooden privacy fence. Can a Landlord Tell You How Clean to Keep Your House? That is, on whose land does it lie and who therefore owns it. Am I responsible for maintaining property on the other side of the fence if nobody lives there? Discuss the project to see what financial and design agreements you can agree on before you make any changes to your shared fence. If it wasnt their fault that your fence was damaged or broken, chances are that you can find a solution that satisfies both parties. The law places responsibility on both parties because both benefit from the fence.Consequently, when a fence needs repair, both property owners must share the cost. There are usually a few different scenarios that can take place depending on your particular situation. Would that be the responsibility of these property owners or the people who live in the houses in the parallel street behind? The person who installed the fence is typically responsible, In another scenario, the landowner is responsible, An HOA contract may include fence repairs, Both neighbors may have equal responsibility, The fencing company may be responsible if due to improper installation, or you can hire someone to do the job for you. Any such agreement should go into writing and include all responsibilities and obligations. In addition, now you know what steps should be anyway taken when you see that the fence is broken or somehow damaged. If the fence was installed by the homeowner, it is the homeowners who is typically responsible for any repairs that need to be done. They were originally installed by a licensed surveyor when the property lines were drawn. However, it often happens that you are not quite sure who exactly owns the land the fence is installed on. In a perfect situation, neighbors will be able to recognize the mutual benefit of paying to keep up a fence or wall and will agree to split the costs. You can check it with your HOA directly, or do this by reading the contract, or even by contacting an attorney. This can officially be recorded as an ongoing legal document saving future owners the hassle of a fencing dispute. A situation can potentially escalate to become a matter of trespass or adverse possession when Neighbor One erects a fence entirely on the property of Neighbor Two. Cities or property owner associations often try to regulate things such as fence height, but for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. Because ownership of the fence is shared, neither neighbor may change it, move it, or remove it without first obtaining permission from the others who also share ownership of that fence. Working this out between yourselves is fine but it is wise to consult a legal expert to check the extent of the agreements powers. However, if you live in a state that has specific laws regarding fences and their repairs, we suggest you make sure that you are aware of all the nuances and follow the laws accordingly. The law places responsibility on both parties because both benefit from the fence.Consequently, when a fence needs repair, both property owners must share the cost. Since the law considers boundary fences to be jointly owned by both neighbors, they typically share the cost of installing the fence equally. We dont know for sure which house is responsible for the boundaries on both sides, nor is it clear who owns the back wall fence. 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. Who is liable for fence repairs? This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Compassionate Legal Guidance | Aggressive Courtroom Advocacy, On Behalf of Law Office of B. Diane Heindel, P.C. Most of the time neighbors are, well, neighborly. Local fence laws determine who is responsible for paying for and maintaining partition fences, so it is important to check your state and local ordinances. Or are they all responsible for the fence on their right while one of them is also responsible for the fence on the left? Who is responsible for the fence between me and my neighbor? When it comes to ownership and responsibility for a fence, which property owner enjoys the good side of the fence? Like this, you will be able to avoid any issues that might take place. Contact us today at 405-778-1545 or click on the big green button below to schedule a . Who pays for a fence between neighbors? Consequently, when a fence needs repair, both property owners must share the cost. Hello. What the other side of the fence looks like wouldnt matter to you since dont see it and it isnt facing the public. The law places responsibility on both parties because both benefit from the fence. As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. If it was your neighbor, then they are responsible for fixing and installation. In this scenario, both homeowners would share the cost of repairing and/or building a new fence. Most neighbors understand this and will voluntarily agree to taking some responsibility for fence repairs and maintenance. When a shared fence needs upkeep or even replacement, good neighbors can get into conflicts that may be difficult for them to resolve. Texas Fence and Iron aims to deliver our clients durable fencing for years to come. fence repair responsibility. Part of my fence fell down in a storm and Im not sure whose responsibility it is to fix it. If you want to build a fence that will encroach on your neighbors property, then you must ask for permission. All this will help you to regulate the situation peacefully and according to the law. I need your help folks. Fence issues are a common problem between neighbors, and issues may arise when a fence is on the boundary of both properties. You can contact BC 1 Call (for free) at 1-800-474-6886 to find out what's buried on your property, such as pipelines, telecommunications cables, water and sewage lines, and electrical wires. If you live in a neighborhood that is HOA-led, there is most likely some sort of contract or an agreement that covers fence repair on a shared property line. Who pays for a fence between neighbors? Who is responsible for maintaining a fence if I share it with my neighbors? Put a flag where you find the pins and run some string to mark your property line. The side of the fence that falls under your responsibility may sometimes depend on what needs to be done with the fence. As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Beyond knowing who put the fence up, or whos property it resides on, a verbal or written agreement between the neighboring property owners determine ownership of and responsibility for the boundary fence. Texas A&M explains that it often depends on who built the fence if it is on a boundary line. The law places responsibility on both parties because both benefit from the fence. You may only be responsible for maintaining the fence in this case. To be entirely sure, however, you will need to check the title deeds for your house. If damage occurs because of the fencing companys installation mistake, they may be held liable. Who pays for a fence between neighbors? The best way to determine whether a fence is yours or not is by examining where it falls on the property line. So the wall and fence was there already. You might be surprised by what your neighbor says. In other states, neighbors need to work it out on their own, but there may be a restriction on the property deed indicating that shared fence responsibility goes with the property. Thank you for helping me. This is usually done in one of the following ways: If you choose to do all the repair works by yourself, remember to save all your receipts! A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. If the tree that fell on your property was unhealthy, your neighbor who owns the damaged tree would be liable to pay for the repairs to your property. A fence border may lie between your property line and public property, such as the street in front of your home. Ive heard that if the framed side of the fence is facing you, its your fence, but Id like to have a little more info before discussing with my neighbor. Similarly, you may want to find out whos responsible for painting and maintaining the fence between you and your neighbors properties. You are going to learn who is responsible for repairing a fence, and in what cases exactly that responsibility might change. If you recognize your situation, there are a few things you should keep in mind: See, it often happens that the landowner is responsible for keeping the fence in good condition. However, if any damage is caused to your fence by your neighbours, then it's their responsibility to meet the costs of putting the problem right. Feuding with a neighbor can create bad feelings that last for years. Consequently, when a fence needs repair, both property owners must share the cost. So if your fence experienced any type of this damage, you will need to find a way to fix it. Are all of the houses are responsible for the boundary on their left and one of them is also responsible for the fence on its right? Communicate with your neighbor about your shared fence before a tree branch takes it out and forces you to confront the costs of repair or replacement. We can examine your fence, point out issues, and offer a range of solutions. However, in most jurisdictions, both property owners must equally pay for and maintain a fence that runs on or close to a property line. The law places responsibility on both parties because both benefit from the fence. A dangerous limb hanging over a neighbors home, or a tree dropping leaves and berries into a pool could create a real problem. With all that in mind, we hope that it will be easier for you to figure out who is supposed to fix the fence you have in case it happens to be damaged or broken. If forced to small claims, the presumption will provide the basis for an award and allow you to recover the proportional . Disability in children and divorce: 3 factors, 3 ways to support your childrens adjustment post-divorce life. If the front fence covers both sides of the property line between owners, homeowners will share the cost of repairs, upkeep, and new fencing when needed. In addition, your neighbor has the right to trim the branches back to your property line. If this theft is allowed to continue for a number of years, according to state law, ownership of the land in question may legally transfer to the intruding neighbor, even if this transfer occurs without compensation. 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 problem becomes even more complicated when fences dont follow the legal property line. You might agree to buy out your neighbor in this case you should go through a proper, legally recorded sale process to create proof for any future dispute or property sale. Some people assume the rule of thumb is that the homeowner owns the fence on its left side, as you look at it from the street. Generally, each property owner will have two sides of their backyard fence to maintain as well as their front fence, up to the property line. Who is responsible for maintaining a garden fence? When a fence is damaged who is responsible for repairs? Like this, now you know who is usually responsible for the fence repair if it is located on the shared property. If your neighbor built the fence, then you hold no responsibility for taking care of it. Many HOAs will typically take responsibility for the following things: However, we recommend you always keep in mind that the HOA is typically not responsible for things like: There are cases, when both neighbors may share equal responsibility for fence repair if the fence is located on a shared property line. This sort of co-repairing can take many forms, for example: Usually, if you and your neighbors have an agreement, you dont need any formal process. By the way, there you will most likely be able to find the answers to your questions about who is responsible for the fence repair on the property line. It is imperative that you seek legal counsel in order to ascertain your rights and obligations under applicable law and based upon your specific circumstances. This is called a boundary agreement and will put everything down on paper. What if the fence needs actual repair? Who is responsible for fence repair/replacement between neighbors? Click here to view our portfolio of fencing installation and designs. If no agreement is reached, then the issue will need to be resolved in a civil law court. In some areas, fences are required to have the picket side facing any public roads. This will help you get a better understanding of who is responsible and what the process may entail. If your fence is right on the property line between your property and your neighbor, neither of you owns a side the fence can be considered a shared responsibility. In this case, the only side of the fence that is your responsibility is the side facing your property. Could you please tell me whether wind damage caused to fence is covered by insurance? Typically, you are responsible for all the maintenance and repairs of the objects that relocated on your land. Related:How to Attach a Porch Roof to a Mobile Home? Get the most rated articles on your email! Here are nine reasons why building a fence is good for you despite the extra trouble: Increases the value of your property Defines your space Makes your yard a safer place for kids to play Gives your dog a space to run free Protects your privacy from nosy neighbors Keeps you protected from burglaries The answer to this question relies entirely on who legally owns the offending fence. 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. A common dispute among neighbors is who owns and is responsible for maintaining the fence between their properties. In this situation, the best thing for everyone may be to take a step back and get a neutral, professional opinion before taking action. If the damage doesnt bother your neighbor but does bother you, youve got a common problem: who is responsible for fixing and maintaining a shared fence? You would not be responsible for your neighbor's dogs nor for the damage they caused to your fence. Fences usually have a good or attractive side that shows a more finished appearance, and a bad or less attractive side that often reveals the fences structural elements such as posts and board-supporting rails. Can a Neighbour take down a boundary fence? If the fence is built within your boundary line then your neighbor is not obligated to pay. Fences. Laura B. Bramnick is an Arizona real estate attorney with the expertise to help you problem-solve your property dispute.? If you built the fence, then you assume all responsibility. We want our customers to succeed let us take over the worry of your fence. In many locations, according to Findlaw, the responsibility for a boundary fence is by law automatically divided among the property owners who enjoy the benefits of the fence. In some cases, the fencing company that installed your fence can be responsible for its repair on a property line. If four houses in a row have fenced in back yards that share a single back fence wall, between each property there will be five flank fences. A metal or vinyl fence can fall apart or break. And if the fence falls into any kind of disrepair, the landowner may be fined according to the law. What would you say in the following scenario? 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 general rule of thumb in most jurisdictions is if a homeowner shares a fence with their neighbor, both are responsible for equally maintaining and repairing the fence. Consider Commercial Fencing Options and Features, What to Consider and Expect When Getting a New Fence, The Best Security Fence Options for a Commercial Property, Temporary Construction Site Fence; Types and Applications. Texas does not have a specific state law that addresses boundary line fences. For more information about fencing options or to request an estimate, check out our services page or contact us today! How to Attach a Porch Roof to a Mobile Home? 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. How to Avoid a Real Estate Purchase Contract Breach. Consequently, when a fence needs repair, both property owners must share Last Update: May 30, 2022 Usually there is no "common" property. Generally, each property owner will have two sides of their backyard fence to maintain as well as their front fence, up to the property line. Both houses were built in 1951, I purchased the house 11/98, and my neighbor purchased their home in 10/95. They may be willing to split the cost of the fence with you. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Who pays for a fence between neighbors? And if they refuse to help even though it is obvious that they have to, taking legal actions will be needed. Discuss the damage with your neighbors and see if you can make an agreement on who will take on the repair. Trees are often an issue around fence or property lines. However, if you do help your neighbor with maintaining it, then you do hold some ownership. If the deeds are silent on the question of responsibility for the fence, the information may be given in the Sellers Property Information Form you received when you bought your property. You will have to make sure that the fence is installed properly. The law places responsibility on both parties because both benefit from the fence. You can agree to help with maintenance, but note that this creates a legally binding obligation. 43 related questions found Who owns the fence between houses? In such a case, you must take active legal steps early in the process to preserve rightful ownership of the land in question. Score: 4.8/5 (50 votes) . Such damage normally shows on both sides of the fence. These rules keep up appearances for passing drivers and pedestrians and prevent trespassers from climbing over your fence using the rails. This would result in stealing a strip of land from your neighbor, even if it was done by accident or intentionally. And if it can, then shall I get my neighbors agreement for that or not? Then there will be two fences running alongside each other, with yours hiding the look of your neighbors fence from your view. The same problem can come up with tree maintenance and damage from fallen limbs. You may be able to work out taking turns to care for your fencing regarding maintenance or painting. Property owners who want to invest in a new fence may be wondering how to get their fence fixed while honoring their relationships with their neighbors. However, this is not always the case. If the deeds contain no indication of ownership, it may not be clear who is responsible. Who Is Responsible For Fence Repair Between Neighbors? Consequently, when a fence needs repair, both property owners must share the cost. Consequently, when a fence needs repair, both property owners must share the cost. Need repair or a brand new fence? A question may arise when one neighbor puts up a fence that requires brush or other obstacles on anothers property to be cleared in order to do the fence construction work. 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. You and your neighbor are both responsible for a fence you share. Contact your city hall or the HOA in order to see what the laws say about the fence repair on property lines. Some neighborhoods require a land survey before you can build any fence, shared or private or if you ever want to put up another permanent structure like a shed, gazebo or greenhouse. Camilla will advise you on the latest trends and give amazing tips on how to decorate a house. If it is yours, your neighbors have no responsibility to share the cost of material or labor. Arizona residents can trim overhanging tree limbs up to the property line at their own expense, as long as they do not kill the tree in the process. As an alternative solution, you may want to decide to share the burden. At What Temperature Outside to Put Heating On? If the situation is still unclear, observe the established pattern of fence ownership along the same side of the street as a possible method to infer responsibility. Talk to your realtor and ask whether or not youll need to take care of it. If the fence gets damaged or broken after they are no longer involved, they will not be responsible. I agree with my colleague that it is definitely in your best interest to fix the fence and have the fence installer figure out a way to ensure that the neighbor's dogs not be able to get through the bottom. Repairs However, if it can be shown that one neighbor is more responsible for injury to the structure than the other, that person may be liable for the damage. Its best to have a talk with your neighbor to calmly discuss these issues. This is because the ownership of the fence depends not on who pays for it, or which way the good side is facing, but on where it stands. Laws change periodically; therefore the information on this site may not be accurate. 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. If the deeds contain no indication of ownership, it may not be clear who is responsible. And it fell down recently, but we are not sure why. Consequently, when a fence needs repair, both property owners must share the cost. The information provided herein is intended for general information purposes only and must not be regarded as legal advice. They may be willing to split the costs with you, and negotiate which side of the fence faces your property and which side faces theirs. 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