Question about our fence and neighbors...

**guest000** · 07-10-2005, 03:34 PM

We had our fence installed about 3 weeks ago. None of our surrounding neighbors have fences yet (new construction community). Now... my dilemna is this--our neighbor behind us wants to have his fence installed and he asked us if he could give us anything ($$$) so that we could share the back of our fence with him. This way, he wouldn't have to get fencing along the back of his yard (directly on the back of OUR fence, ya see what I mean?).

My husband already told the guy that he doesn't need to pay us. BUT, as I was standing in my kitchen watching dishes today, I noticed a kid leaning on the fence and putting his feet on it and kicking a soccer ball into it (on purpose).

Now, I'm not one to get my knickers in a bunch over little stuff, but this bugged me. We put the fence up to keep our children inside our yard and keep other stuff out (dogs, trespassers, etc.).

What do I do? I'm thinking if something comes up broken on our fence, it'll be on us, ya know? What do we do--I feel compelled to tell our neighbor behind us (very nice family) something. I'd hate to have something happen and we be at odds with one another. So, I'm thinking preemptively, ya know?

AY! Help!

**guest000** · 07-10-2005, 03:51 PM

Forgot to add that our fence is 6 inches inset all the way around. So, there is 6 inches outside of our fence that is ours. It was done this way so that we'd still be able to take care of the lawn and stuff on the other side of the fence with no difficulty.

So, technically, our neighbor's behind us would be putting their fence would kind of overlap onto our property. It's 6 inches, but I don't know how I feel about that. It seems like a sensitive subject from what I've heard. I'm sorta paranoid.

**gkp1031** · 07-10-2005, 04:14 PM

Well, right off the bat I would say sure sounds ok to me, but the more I think about it, I'd say no way. If something does happen to the fence because of them, their kids or their kids friends, it is your fence and your responsibility. The guy may seem all nice now, but perhaps when/if something happens to the fence because of his family, he'll turn and say it isn't his problem because its not his fence.

I would tell him that it would be better for him to have his own fence to prevent problems in the future. Hopefully he would understand.

I'm not trying to sound mean, but you have to watch our for your property and not do what's best for him! Just my 2cents!!

**forestdale** · 07-10-2005, 04:28 PM

Maggie, I'd ask them to pay for a shared fence, if that's what you all agree on. I hate saying this but many people only look after what they pay for. If they see the fence as yours, their kids might continue to abuse it.

You need to also think about fence lines and boundaries in case you sell your house one day. A future potential buyer might not want a shared fence, or to give away those 6 inches. I think you should have put the fence on the boundary, not 6 inches inside it. What happens if the neighbour eventually erects a new fence, there won't be room in those 6 inches for anyone to mow in between your current fence and his new one.

I'm sorry to sound harsh but neighbourhood disputes often start over fencing and I want to help you avoid that. I hope you work out a solution that you're all happy with.

**QuilterMom** · 07-10-2005, 05:07 PM

I would also worry if you ever sold the house about it being a turnoff to potential buyers that you did not take the fence to your property line and then allowed the neighbor to attach on. It would be better for the neighbor to put up his own fence for that reason alone.

**guest000** · 07-10-2005, 08:21 PM

Thanks! I feel like an idiot--I should have figured out that it would be some type of legal thing involved. ACK! My husband is going to talk to the guy tomorrow and it'll be all straightened out then. We do NOT want any type of easement.

Thanks for your help guys!

**AmyMCGS** · 07-10-2005, 08:51 PM

  Originally posted by forestdale

  I think you should have put the fence on the boundary, not 6 inches inside it.  

 

You need to also think about fence lines and boundaries in case you sell your house one day. A future potential buyer might not want a shared fence, or to give away those 6 inches.

 

Actually, many place (like where I live) force you to put the fence inside your property line by serveral inches.  I don't know why, but I do know it's a local construction code. 

That was my thought.  We're facing the same decision... although not for a year or two.  We want a fence, and our neighbors want a fence-- they've already asked about sharing ours.   We haven't decided yet. 

 

**dolphin** · 07-10-2005, 09:50 PM

We shared a fence with a neighbor. He went nuts, tore his fence down during the night (our dogs had no fence to keep them in) The guy hurt his back tearing down his chain length fence and couldnt' construct another one. We had to go and buy farm fencing and erect a fence ASAP. We made sure we did not go up to his fence and stayed back. Now we have the weeds growing between his partially removed fence and our fence.

Actually, the main reason we began to hate our previous home of 9 years was the new neighbor coming in and taking down her shared privacy fence (which was up when we bought) and getting a new survey which showed the previous owner owned 6 feet of our yard which they proceeded to take from us and took 6 feet of our garden. Fence disputes can be horrid!