Q & A Table of Contents
A Fence Does Not Create An Agreement
From: Kathleen, Riverside, Illinois
Question: We purchased a newly built house last year. Our new neighbors on one side of us and we were discussing putting up a fences in our yards. We needed a fence because we have children and our lots are somewhat small so as to keep other kids out (cutting through, etc.).
My neighbor wanted to build his own fence and we wanted to have ours put in by someone as my husband is not handy in that way. We also wanted it done correctly. When our fence went up and way before the neighbor put his up (he has connected to ours!) my neighbor handed me $240.00 and said "I will give you the rest later" (to split the cost of the one side "he will benefit from" which one side probably costs $2000.00!!!). He supposedly did that on the other side of him (his other neighbors put up their own fence and he said he would pay them $500.00 as well) I do not know if he paid them either. I am hesitant to even ask them.
Well our 6' fence is the top of the line vinyl costing $7500.00- (it is nice!) He has not paid us a dime since then. He put his backside fence, gate, etc. up and has not even mentioned or paid us a dime.
What burns me up is he has actually bolted his fence to our post in the backpart he put up! Our fence was expensive because there are no bolts or anything it is held in another way (forget the method they call it!) My husband will not approach him with it because he says "I wasn't there when he gave you the money". He is also afraid the neighbor will get "mad" and not talk to us anymore. He says "we have to live next door to these people". I however, would say something in a minute. I really do not want to cause problems with the neighbor but feel he certainly owes us that money!!!! We are paying through the nose for that fence! What is your opinion on the subject? Thank you very much!!!!!
Response: Unless you and your neighbor discussed and agreed on the fence that you built, including agreement on design, financial responsibilities, connections to your fence, and other details, you did not have an agreement. If he knew how much you were spending and agreed to pay a specific share, then you have an agreement which apparently he did not fulfill. On the other hand, he may view the fence he built as having a value approximately proportionate to the amount you spent for your fence.
The bottom line in this situation is that unless you have discussed/negotiated an agreement ahead of time, there’s no agreement and no mutual obligation. Moreover, if there has been negotiation, any detail that is not included in the agreement can sneak up and bite you when you’re not looking.
You cannot renegotiate what has already transpired. In some ways it sounds as if you would be better off handing your neighbor’s $240 back to him in exchange for his disconnecting his fence from yours and repairing the damage to your fence. You can show respect for his skill as a handyman when you indicate his repairs to your fence should solve the problem.
Spending a large sum of money and assuming another party will kick in 50% is unwise. Unless you have reached a specific agreement, you have no right to expect anything.
Your husband — and I am sure you, as well — is correct in recognizing that you are going to be neighbors for the foreseeable future. Preserving that relationship can make a big difference in your quality of life.
A clearer agreement ahead of time would have saved you lots of aggravation. The critical thing is to find ways to prevent future aggravation from cropping up by conducting ongoing positive communication with this neighbor — and your other neighbors — on issues of mutual concern.
Good luck,
Steve
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