fence issues with neighbour

[nes018]

Hi,
I have the following situation and was looking for some help:

I bought a townhouse with a fence built on one side. The backyard goes to the garage in the back, so to close up the laneway we built a gate on one of the posts of the existing fence.

Now, the neighbour wants us to pay for half of the fence. Apparently the previous owners didn't want to pay for the fence but the neighbour put it up and paid the full amount.

He wants us to either pay, or take the gate down because he says he owns the fence.

Do we have to pay? The fence is on the common property line as far as I can tell.

[sunnybono]

Hi,
I have the following situation and was looking for some help:

I bought a townhouse with a fence built on one side. The backyard goes to the garage in the back, so to close up the laneway we built a gate on one of the posts of the existing fence.

Now, the neighbour wants us to pay for half of the fence. Apparently the previous owners didn't want to pay for the fence but the neighbour put it up and paid the full amount.

He wants us to either pay, or take the gate down because he says he owns the fence.

Do we have to pay? The fence is on the common property line as far as I can tell.

1st off, what proof does the neighbour have about non payment??? Secondly, you don't know what was discussed between the neighbour and the previous owner. If it can be proven that the previous owner didn't pay, then legally (I believe) you are only responsible to pay the equivalent of a chain Link fence. As for the neighbour claiming that the fence belongs to him, find out if he built it on the property line or is it solely on his property? If on the Property line, then technically you own half, but you have to only pay the equivalent of a chainlink fence.

In the long run, remember you need to live next door to these people, therefore you need to work things out that make both parties happy!!!!

sk

[98vtec]

Put up your own post right beside the one that gate is attached to.. Attach your gate to this post, and tell him to screw off !

Problem solved..

[drago403]

when fences are put up, neighbours must come to an agreement about payment, if none is reached and the fence is put up anyway then you are not allowed to use the fence even if on the property line. But there is no one stopping you from using it, except for you adding a gate. So i would reccoment installing your own post mentioned previous.

[help_questions]

Put up your own post right beside the one that gate is attached to.. Attach your gate to this post, and tell him to screw off !

Problem solved..

...or take the gate down. either way, don't pay half for the fence.

[onomatopoeia]

when fences are put up, neighbours must come to an agreement about payment, if none is reached and the fence is put up anyway then you are not allowed to use the fence even if on the property line. But there is no one stopping you from using it, except for you adding a gate. So i would reccoment installing your own post mentioned previous.Although that is the usual situation, here it isn't clear cut.

He wasn't around for the agreement, how does he know that the previous owner didn't pay for half the fence. Even if they didn't, is he liable to pay for half the fence years down the road? Is there a time limitation on this?

If I moved into a home and was told the fence was on the property line, I would assume it was 50% mine.

You can always bring it up with your real-estate agent I guess, as it probably should have been disclosed by the seller.

[Shewolf]

I don't believe the OP is responsible for paying for 1/2 of a fence that already existed when he purchased the property. BUT, he shouldn't have assumed that he had any ownership of the fence and attached his gate to it. Why didn't he talk to his neighbor before he put it up?

If I was the neighbor who paid for the entire fence myself and then some new owner came along and attached something to it, I'd be ticked off too.

[nes018]

I don't believe the OP is responsible for paying for 1/2 of a fence that already existed when he purchased the property. BUT, he shouldn't have assumed that he had any ownership of the fence and attached his gate to it. Why didn't he talk to his neighbor before he put it up?

If I was the neighbor who paid for the entire fence myself and then some new owner came along and attached something to it, I'd be ticked off too.

Thanks for everyone's responses. Just fyi we did inform the neighbour before we put the gate up as a courtesy for the noise, and they said it was fine and then a few days later they told us to pay for the fence because the previous owner had refused to.

[telman]

Sounds like the neighbour thought about it for a while and came up with a plan to make money. Don't fall for it, don't pay a penny, not your issue if the previous owner paid or not. Maybe he still owes the paperboy as well. Personally if it is on the property line I would leave it and tell him to take a hike, but if you don't want to stir the pot, then just put up a post like others suggested. If you want to know for sure, contact a property lawyer, or the city, sounds like people here are making guesses.

[urban1]

If the fence is on the property line, then leave the gate. By taking the gate off, you might be setting a precedent in that you are admitting the fence belongs to the neighbour. Tell the neighbour you bought and paid for your house which includes the fence that is on your land and you have a right to attach the gate. Tell him if he has issue about the payment of the fence, he should talk to the previous owner (owner at the time the fence was built).

The more I think about it, the more ridiculous this neighbours request is.

Sounds like the neighbour thought about it for a while and came up with a plan to make money. Don't fall for it, don't pay a penny, not your issue if the previous owner paid or not. Maybe he still owes the paperboy as well. Personally if it is on the property line I would leave it and tell him to take a hike, but if you don't want to stir the pot, then just put up a post like others suggested. If you want to know for sure, contact a property lawyer, or the city, sounds like people here are making guesses.

[nes018]

I finally got a return call from a By-Law officer and was informed that i don't owe any payment on an existing fence and if he (the neighbor) has an issue with payment he needs to take it up with the previous owners.

Apparently since the fence is on a shared property line, I own part of it and can build the gate as I please. Just because he paid for the fence, doesn't mean he owns the fence.

I hope this helps anyone else who encounters this awkward situation.

Thanks everyone for your help.

[Cheap Cat]

If the fence is on the property line, then leave the gate. By taking the gate off, you might be setting a precedent in that you are admitting the fence belongs to the neighbour. Tell the neighbour you bought and paid for your house which includes the fence that is on your land and you have a right to attach the gate. Tell him if he has issue about the payment of the fence, he should talk to the previous owner (owner at the time the fence was built).

The more I think about it, the more ridiculous this neighbours request is.

+1 I would also back it up with a call to the city to confirm. Most municipalities have bylaws on fences.

[3weddings]

I finally got a return call from a By-Law officer and was informed that i don't owe any payment on an existing fence and if he (the neighbor) has an issue with payment he needs to take it up with the previous owners.

Apparently since the fence is on a shared property line, I own part of it and can build the gate as I please. Just because he paid for the fence, doesn't mean he owns the fence.

I hope this helps anyone else who encounters this awkward situation.

Thanks everyone for your help.

That would have been my thoughts. We share a fence with our neighbour b/c hubby wanted it right to the front of the house, the neighbour had no use for it, but allowed the building of the fence. We knew he was not responsible for any of the 40 feet of fencing. Off course he installed his gate at the front of it, why wouldn't he?

The deciding factor is the property line and if it is on it. Since you know it's on yours it's yours to do with what you want. His fault for not pursuing the previous owner before the moved. Looks like you're in for some 'fun' with the neighbour...good luck

[curls00]

Tell him what the By-law officer said. If he still wants to pursue this, tell him the following:

"I will gladly pay 1/2 of the cost of a basic chain-link fence, as is customary, if you hire a surveyor from an accredited surveying firm of my choice, to determine the exact percentage of this fence that is on my side of the property line."

I'm pretty sure he won't want to fork over $350+ to settle a dispute worth around the same amount.

[antman59]

That would have been my thoughts. We share a fence with our neighbour b/c hubby wanted it right to the front of the house, the neighbour had no use for it, but allowed the building of the fence. We knew he was not responsible for any of the 40 feet of fencing. Off course he installed his gate at the front of it, why wouldn't he?

The deciding factor is the property line and if it is on it. Since you know it's on yours it's yours to do with what you want. His fault for not pursuing the previous owner before the moved. Looks like you're in for some 'fun' with the neighbour...good luck

An old neigbor did the same thing but refused to let us put the fence at the front. Was a jerk why would I pay for a fence to come to the front of the house? So that I can have a tunnel with dead grass. It was of benefit for him since he had a pie shaped lot.

[ghostryder]

Apparently since the fence is on a shared property line, I own part of it and can build the gate as I please. Just because he paid for the fence, doesn't mean he owns the fence.


Of course you are assuming your neighbor DID pay for the fence. Maybe he stiffed the previous owner of your place. Who knows?

[Dustbunny]

I'm glad you called the city as your neighbour is out of line if that post is on the property line. I can tell you I once sold a house in a new sub-division and within a couple of weeks the neighbour had tried to get money out of the buyers of my house for the fence. Luckily they called the Realtor who I was able to inform that I had the canceled cheque for that fence cashed by the jerk. I was blown away that he would try such a scam but I guess some people will try it.

Meanwhile, if he needed money for that fence he should have put a lien on the house before it sold because as long as it's on the property line it's half yours now and the cost is assumed to be included in what you paid for the property.

[l69norm]

...Meanwhile, if he needed money for that fence he should have put a lien on the house before it sold because as long as it's on the property line it's half yours now and the cost is assumed to be included in what you paid for the property.

I think in some areas of the GTA, the fence bylaw allows the neighbor to apply to the city to add 1/2 the bill (for a 4 ft chain link fence) to the property taxes of the neighbor that fails to pay. In that case, this would have been settled when the house sale closed.

I would talk to either your REA or lawyer that closed your home in order to get the past history from the previous owner.

[venice_it]

I have no respect for the previous owner that failed to pay their share. Too many have to cover the entire cost for such things, or have to resort to going to the city and jumping through hoops to collect money the hard way, thus creating more tension.

If you buy a new house, set some money aside for a fence that is the standard in that particular neighbourhood. Even paying for a chain link but taking a wood fence is pretty low if the standard in the area is a wood fence.

[dealzuser]

There used to be a pin bush lined fence between my parents yard and the neighbouring house. Then one day, their home got broken into, so he got mad and cut down the entire line of pin bushes. It was such a shame cuz they were almost 7 ft tall and quite well grown. But he said they belonged to him and he was allowed to do what he wanted with it. We didn't make a big deal since didn't spend much time in the yard anyway.

Then a new family moved in and built a wooden fence around. They came and asked for $750 for our share of the fence on our side, and said the other neighbours already agreed to pay. I was outraged! What fence costs $1500 for < 5m? Also, I know he didn't do it but the previous guy just took it down without needing our approval. So at the end, we gave him $350 and hold him why we think it's not fair for him to ask for so much.

In my opinion, whoever wants to put up a fence should just do so and not ask their neighbours for money. Did they get input or choice? (i.e. Maybe I want to use a different material, or a difference contractor? Is it matching my fence on the other side of my house?) Why should your neighbour foot half the bill of a fence they chose and initiated?

[FenceMaster]

There used to be a pin bush lined fence between my parents yard and the neighbouring house. Then one day, their home got broken into, so he got mad and cut down the entire line of pin bushes. It was such a shame cuz they were almost 7 ft tall and quite well grown. But he said they belonged to him and he was allowed to do what he wanted with it. We didn't make a big deal since didn't spend much time in the yard anyway.

Then a new family moved in and built a wooden fence around. They came and asked for $750 for our share of the fence on our side, and said the other neighbours already agreed to pay. I was outraged! What fence costs $1500 for < 5m? Also, I know he didn't do it but the previous guy just took it down without needing our approval. So at the end, we gave him $350 and hold him why we think it's not fair for him to ask for so much.

In my opinion, whoever wants to put up a fence should just do so and not ask their neighbours for money. Did they get input or choice? (i.e. Maybe I want to use a different material, or a difference contractor? Is it matching my fence on the other side of my house?) Why should your neighbour foot half the bill of a fence they chose and initiated?

The least he could have done is ask you before having the fence installed. As for 1500$ for 16-17feet of fence...wood? lol...he was either trying to make money out of it or got screwed by the installer. A wooden fence doesn't go for 90$ the lineal foot. Altough I can see where it would be hard to find an installer for such a short fence.

If someone is going to install a fence without asking their neighbours opinion they shouldn't ask for anything.

Being a lazy person and all:cheesygri , I would have definitely used a different material, something that doesn't require any maintenance(painting/staining).

[help_questions]

Tell him what the By-law officer said. If he still wants to pursue this, tell him the following:

"I will gladly pay 1/2 of the cost of a basic chain-link fence, as is customary, if you hire a surveyor from an accredited surveying firm of my choice, to determine the exact percentage of this fence that is on my side of the property line."

I'm pretty sure he won't want to fork over $350+ to settle a dispute worth around the same amount.

I almost look forward to using this line when I get i job,and then a home.

[MontyB]

Nice neighbour! Tell him to pound sand and do not pay any money towards the fence. This issue has been resolved when you bought the house.

Since your neighbour is unreasonable:

if the fence is on the property line, mention to him that you are going to paint you side of the fence-that always gets them upset but is within the law or tell him you don't like the fence and you plan to have it removed and replaced with one you like or you plan to reinforce the fence because your family breeds pit bulls and you think he installed a cheap fence or your best solution is to forget about it and leave the gate in place.

There is always a unreasonable idiot in every neighbourhood. Don't sweat the small stuff.