Q & A Table of Contents
Should They Pay For The Fence Too?
From: Timothy, Aledo, Texas
Question: We built a home in a new community. We immediately put up a privacy fence for our two Labs and 1.5 year old son. A month later the home behind us was built and purchased - they immediately put up a fence that connected to mine on our back property line. So now we share the back of my fence. I'm anxious to have good neighbors/friends, but after putting up a $7,000 fence and $400 in water seal, I feel like maybe they should pay for half of the back portion that they to are using. I don't mind doing the maintenance (I already water sealed it myself). I just don't know how or if I should approach them about it.
Response: When you built the fence, if I understand you correctly, there were no neighbors living on the adjoining property — so you spent the money without expectation that you would ever recover any of that expenditure. What your neighbor has done is expand the existing fence — and saved money because s/he has not had to erect a fence along that part of the property line where your fence already existed.
You need to think hard about your priorities. Do you care more about money, a good relationship with your neighbor, having a good fence for your own purposes, or other issues?
Can you imagine any reasons the neighbor might feel to pay you for a share of a fence that was already in place when the neighbor arrived?
It would certainly not hurt to socialize with your neighbor — and slowly get a sense of their view of the fence you erected. They may find it attractive or useful and be prepared to help pay for its maintenance. Perhaps they feel that sharing ownership in ‘your’ fence by investing money in it is appropriate.
There is a fence between my neighbor’s house and my own. When the original fence that was there before either of us arrived started falling down, I erected a fence at my own expense because I wanted to retain control over it. Among other things, that meant having the more attractive side of the fence face my property. Now I’ve replace the wood fence with an eight-foot high brick wall at great expense. But again, it gave me control over design and several other factors. It would be great to have had my neighbor share in the costs in each case — but my priorities relate to our relationship, control over design and other issues, and full ownership of the wall whenever we sell our property.
Talking with your neighbor is an excellent idea — but you need to understand your priorities and what you stand to gain or lose by trying to force the issue.
Good luck,
Steve
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