Conversely, as long as it doesn't violate any codes, you can take or leave it as you prefer and your neighbors can't force you to do anything (at least without fighting an uphill legal battle). The letters are available for $350, and can be purchased by contacting our Business Real Estate Group at (619) 231-1422. You need not take a hostile tone, at least to begin. The fence cost $1,785, and I had expected my neighbor to pay for half of that. First and foremost, understanding your rights is vital. posted by buggzzee23 at 4:23 PM on May 5, 2006 Just threaten to move the fence closer to her property line (essentially making her yard smaller) unless she pays up. I propose that we have All Day Fencing, Fencing Contractors do the work and that we share the cost equally. California Good Neighbor Fence Law Letter Under the California fence law, anyone who is making plans regarding the maintenance or necessary replacement of a mutually shared fence must notify any property owner affected by the changes to the shared fence at least 30 days in advance of making changes. My neighbor does not want to share the cost of the fence. I wouldn't turn a neighbor down if they up and offered on their own to share the cost. With a little understanding, you can find the perfect blend”. 342, 343 (1897); Western Granite & Marble Co. v. Knickerbocker, 103 Cal. For more information from the Brisbane City Council about residential fences. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. Keep a copy of the letter and note when & where you issued it to them. The financial burden on the neighbor compared to the benefit the neighbor receives from the fence; Whether installation / maintenance of the fence results in a net increase in the value of the neighbor’s property; The fence’s financial burden on the neighbor given the neighbor’s financial circumstances; and. However, where one neighbour wants more work done than is necessary for a ‘sufficient dividing fence’ they pay the extra cost. [5] A contractor’s license is required if the person constructing the fence is charging the homeowner $500 or more. It is in your best interests to speak with a qualified lawyer for those special circumstances. If you want to build a fence. Fence companies usually install a foot inside the line, to be on the safe side. You should not attach anything to a dividing fence that could damage it. Discussing the Cost: When discussing the cost of the new fence, your neighbor may say something like “I have a cousin who will do it for cheap.” This is called a notice to fence. I would be really happy to discuss it with you. It is not associated with a swimming pool (. 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. Usually neighbours must contribute equally to the cost of building and maintaining a dividing fence. Note that if a fence is a “division fence”, neither adjoining owner can move or alter the division fence without the other owner’s consent. (A dividing fence means a fence on the common boundary of adjoining lands.). If you want to build a fence between your property and your neighbour’s property, and you have consulted them about it face-to-face, you should give them a letter telling them about the fence, how it will be built and the estimated cost—including their contribution. Consequently, when a fence needs repair, both property owners must share the cost. There is no strict formula used by the courts to determine the sharing of costs between neighbours. You should have discussed this with neighbor at the time of moving in, and noticing the fence being built. Please tell me that in case your suggested changes increase the fence cost, will you share the expenses? Exceptions to the Contribution Obligation. The law does not apply to any city, county, city and county, district, public corporation, or other political subdivision, public body, or public agency. As a general rule it will be assumed that each neighbour receives an equal benefit from the fence and therefore should contribute equally to costs. So, we suggest you have a laid back initial chat with your neighbour about your intentions and gauge what their thoughts & input is on the matter. Under California law, landowners and their adjoining neighbors are jointly responsible for constructing, maintaining, and replacing fences that divide their properties. Adjoining landowners share equal responsibility for “division fences”—fences on the boundary line between two properties that physically lie on both owners’ properties.
Failing which we will have no alternative but arrange for the fence to be removed and recover the cost to do the same from you. Landowners include any private person or private entity that holds a possessory interest in real property. Neighbors should share fence costs. If the adjoining neighbor can establish that imposing equal responsibility for the fence cost would be unjust, a court may order that the neighbor pay less than their proportionate share of the costs or none of the costs. Building approval is required for any fence that is higher than 2metres above the natural ground level. You might say something like, “I would be glad to contribute a one-third share. However, the property owner sending the notice should use a method that keeps a record of delivery (e.g. This is to advise that I _____do not object to my neighbor _____ (your name) (neighbors name) of _____ installing a fence adjacent to my property line Dividing fences are one of the most common causes of disputes between neighbours. This article is for general information purposes only. Copyright © 2021 Kimball Tirey & St. John LLP, COVID-19 COURT CLOSURE AND EVICTION MORATORIUM UPDATES, Judicial Council Rescinds Rule 1 on September 1, 2020, Section 8 and Source of Income Protections – SB 329 and SB 222, A statement regarding the presumption that landowners share equally in the construction, maintenance, and replacement of division fences. Then write a demand letter requesting payment from the neighbor. Neighbor Fence Disputes: Additional Resources. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. You should give your neighbour a letter telling them about the fence, how it will be built and the estimated cost— including their contribution. In the end, you could be placed into a situation where all repairs and costs come out of your own pocket. For example, the neighbor's hedge or fence is encroaching on your property. If you or someone you know is having a dispute with their neighbor regarding a fence or another land-related issue, you can continue your research by clicking on the links below. Attach your survey or plat map highlighting the disputed area. One neighbor was in the process of selling his home, and I agreed that he could pay me after his home sold. When making this determination, the court will consider the following factors in addition to any other relevant information: Unfortunately, some neighbors aren’t good neighbors. After completing the fence, the fence-building neighbor should make a final written demand for contribution to the neighbor. Sharing Fence Building Expenses With Neighbors . A I faced a similar situation and, due to the laws in CA, the affected neighbors were forced by law to pay 50% of the fence. At least this way you are sewing the seed for them, giving them a little time to process your intentions before you issue them with a fencing quote and your notice! Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. If your neighbor refuses to pay for his share then you could do any of the following: Put it in writing - send him a well written letter describing the issue. [1]  If a fence is located on the land of only one landowner, the neighbor is not legally responsible for any portion of the fence cost, unless the parties agree otherwise. As we said, dividing fences are one of the most common causes of disputes between neighbours. Laws may have changed since this article was published. If the neighbor still refuses to pay, the fence-building neighbor can (after having conducted due diligence and armed with proper documentation), file suit for contribution from the neighbor for their share of the costs. Before acting, be sure to receive legal advice from our office. This is providing the fence meets all of the following requirements: Your legal rights concerning a fence between your neighbours and your land which are covered by The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (PDF). The typical shared fence is known as a boundary fence, commonly owned by adjacent property owners. Pay for the fence and then send a legal demand upon him to pay his share. Let them know from the beginning if you plan to pay for it yourself or if you want to share the cost.

the fence in question was … In most cases, issues about dividing fences need to be solved by the owners of the properties. i.e. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website. The one who didn't pay has moved since and our newest neighbors offered to pay for half the fence so they could attach (and we didn't even ask!). This is called a notice to fence. Upon completion of the project, the fence-building neighbor should pay the contractor (and any other expenses) in full and keep copies of invoices and receipts related to the project. The 7 Basics to Presenting Your Property For Inspection, DIY Styling : How To Make Your Home Look Amazing, 10 Tips To Clean Your House and Get It Sold, How To Improve Street Appeal In 4 Easy Steps, Know Your Buyer : The 7 Profile of Property Buyer Demographics, How To Ensure Rental Return Makes Your Investment More Fruitful. Civ. The owner of the tree is responsible for any costs and liability associated with the tree. The letters are available for $350, and can be purchased by contacting our Business Real Estate Group at (619) 231-1422. A description of the problem facing the fence, or the problem the two properties face due to the lack of a fence; The proposed timeline for addressing the problem. A landowner seeking contribution from the neighbor for a division fence must send 30 days’ written notice to each neighbor. [4] If the landowner chooses a higher-priced contractor, they should maintain evidence to prove that the selected contractor was a better choice. When you give it to them, try and make sure you give it to them in person. Exercising the Right to Equal Contribution. There should be ‘sufficient’ dividing fences between properties. In Queensland for example, the governing body of QCAT is available to resolve any outstanding disputes but hopefully for your sake, it won’t have to come to that. Face to face is always the friendliest way. Sample letter to utility provider; Making a claim. If you are a tenant, unless you have a long-term lease on the land, you should refer queries over a dividing fence to the property owner or agent. When you give it to them, try and make sure you give it to them in person. When I built my fence last year, I had one neighbor pay, one didn't, and the other didn't even respond. I found a contractor, and he did a great job. My neighbour has sent me a NOTICE TO REMOVE FENCE LETTER

it reads we hereby give you 2 weeks notice from the date of this letter, to remove the fence you erected which encroaches onto our property. The fence-building neighbor should keep copies of all cost estimates from contractors to prove they chose the contractor offering the best value[4],[5]. So, when it comes to disputing over who’s footing the bill for a new fence, how can you ensure you find the perfect blend between keeping the peace with your boundary buddy and evenly sharing the costs? Step 2 : Give Notice To Your Neighbour You should give your neighbour a letter telling them about the fence, how it will be built and the estimated cost— including their contribution. [2] The following language may be used:  “Under Cal. Please tell me if you would like something particular in the fence like an entry etc. Keep a copy of the letter and note when & where you issued it to them. However, most residential leases will require that the landlord bear financial responsibility for fence maintenance, construction, and replacement. The other neighbor paid me immediately after the fence was complete. While the legislature enacted some procedural changes to the law under the Good Neighbor Fence Act of 2013, the spirit of the original law remains the same. Or they should at least provide extra materials and labour to build the fence beyond sufficient height. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. If the amount at issue is less than the jurisdictional limits (generally $10,000 for an individual, and $5,000 for an entity), small claims court may be the quickest and most cost effective way to pursue claims. . However, the neighbour wanted to share the cost of moving the dividing fence back on the legal boundary by 0.150 metres and I have to accept his survey was a legal survey, he also refused to remove the encroachment of the retaining wall and its foundation footing from my property. [1] Ingwersen v. Barry, 118 Cal. Respect limits: Fencing companies obtain permits and must know local zoning regulations for height, setbacks, and other restrictions. If the fence is a “division fence”, and a property owner wants to request contribution from a neighbor for a portion of the fence cost, Kimball, Tirey & St. John LLP has a package of four letters to request contribution from the neighbor. If you intend to build a fence on a property line and wish to pay for the fence, you are not required to seek compensation from your neighbor. RED HILL SALES AND PROPERTY MANAGEMENT OFFICE, 1/554 South Pine Road Everton Park QLD 4053, Great Western Super Centre Shop D07, 1028 Samford Rd Keperra QLD 4054. Have the repair work performed. When sharing the cost of a dividing fence with your neighbour, is it possible to approach the topic and get the desirable outcome you need? Responding to a letter of demand. Face to face is always the friendliest way. The fence is already 10+ old and was down due to the winds.They told me that i need to shoulder the repair because I watered my plants often that's why the fence decay. Once you present these quotes to your neighbour, if they think the quotes are too high, encourage them to obtain their own quote as a comparison. However, where one neighbour wants more work done than is necessary for a ‘sufficient dividing fence’ they pay the extra cost. Go to mediation. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. This is called a notice to fence. Bill Burnett And Kevin Burnett ... your next contact with the neighboring owner should be by certified letter setting out the scope and cost … Building and planning approvals are not generally needed for a proposed front, side or rear boundary fence. If another neighbor joins in on the project, you could split the costs three ways or even more, although more than two neighbors splitting the cost of a new fence is highly unlikely. If the court agrees that your neighbor's fence is on your property, and you have proof that your requests to your neighbor have been ignored, you will have a decent chance that the court will grant your request that your neighbor pay the cost of your needing a judge to order her to do what she should have done anyway. Disputes about who is responsible for the cost of erecting and maintaining boundary fences are frequent between adjoining owners. But since I would like all three sides of my fence to match, let’s try to find a style that will work for both of us.”. The good news for you is that as a rule of thumb – each neighbour is liable for half the cost of fencing work. [3] The timeline should begin after the expiration of the notice (30 days). Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. At the same time, shouldering the cost of building a fence does not entitle you to special privileges over your neighbor's desires. The notice must include the following: The statute does not specify a method to deliver the notice. I think most neighbors … If an adjoining owner requests one—even if one or both pieces of land are empty. Select State and Local Landlord-Tenant Laws; Property Rights: My Neighbor is a Nuisance Observe boundaries: Don’t risk having to tear down that fence by going even one inch over your property line. You must obtain at least one quote, but as a matter of courtesy you should supply two. Your priority here is to keep your neighbour in the loop throughout the whole process and hopefully this will help to keep them on your good side! The reasonableness and necessity of the costs associated with the project. I have obtained a quote for the work for $120.00. Work on the project should not begin, nor should costs be incurred, until the 30 day notice period expires. But, to quote the lyrics of a good old Aussie TV soaps’ theme song, “Everybody needs good neighbours. if it falls on your neighbor's house, it's your liability. CC 841 does not leave much room for wiggling out of the situation. A neighbor may ignore / refuse to pay their share of the fence’s cost. If your neighbor decides they would like to have a new fence put up as well, then the both of you can simply divide up the costs of the fence. 111, 116-117 (1894). Theoretically, the law applies to tenants in addition to the owner of the real property. The law does not apply to fences that are completely within the property of one of the two landowners. In about two-thirds of U.S. states, there are laws that support the tradition "for neighbors on good terms to share the cost of fence maintenance." 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And generally, people often disagree over who pays for the building and upkeep of the fence, or the type of fence needed. The demand letter should request the neighbor make payment immediately and include the final cost of the originally-proposed project, copies of the invoices or receipts, and a copy of the original 30 day notice. . For example, if your neighbour needs a higher fence to keep their dog from getting out, they should pay the extra cost. Code § 841(b)(1): ‘Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.’”. Study your house line drawing or plat or order a new survey ($500 to $1,000) from a land surveyor to be sure of boundaries. My opinion is that your silence assented to the fence, and the cost. If your neighbors are uncooperative, you should document the fence's condition with photos and note the date you originally discussed the issue, so you can follow up with a demand letter … Sample Letter: Dear Neighbour The fence dividing our properties is in need of repair because a number of pickets are missing (or, three of the timber posts have broken, etc.). Sample letter of demand - debt 1; Sample letter of demand - debt 2; Responding to a claim. If the fence is a “division fence”, and a property owner wants to request contribution from a neighbor for a portion of the fence cost, Kimball, Tirey & St. John LLP has a package of four letters to request contribution from the neighbor. Records should include photographs and a video of the problem with the fence (or the lack of a fence) that justify the proposed solution. Keep a copy of the letter and note when & where you issued it to them. In preparing against a neighbor’s potential refusal, the fence builder should keep a paper trail as the fence project is contemplated and planned. Even if you plan to cover the cost yourself, your neighbors will probably still have other concerns about the project. prepare a proof of service, or send by registered mail, certified mail, or overnight delivery). For contact information, please visit our website: www.kts-law.com. Or they should at least provide extra materials and labour to build the fence beyond sufficient height. For more information from the Brisbane City Council about residential fences. For example, if your neighbour needs a higher fence to keep their dog from getting out, they should pay the extra cost. It would not restrict water run-off from adjoining properties. If you have a boundary fence and the neighbor refuses to pay for their share of the repair costs, you may decide to take legal action. Identify the other party; Letter of demand. 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