Shared Fence Responsibility

[nyclaura]

We have a fence with our neighbor that separates our 2 properties. The fence is not in that great of shape and my husband and I would like to replace it. We will not be asking our neighbor to help in the cost of the replacement.

Our plan is to replace what is there and add to the length approximately 2-3 panels (about an additional 24 feet of length). Part of the reason we want more length is because the neighbors yard is horribly overgrown. I don't feel like looking at his unmowed yard all summer.

What is our obligation to inform him if we choose to replace it? I am not 100% sure which property the fence falls on - however, it is attached to our house in 2 places. Would our deed state who owns it? Or, would the lawyer from our closing know?

I don't think our neighbor would be weird about us replacing the fence, but you never know. I'd like to make sure ahead of time that we're well within our rights to do it before we start getting quotes, etc.

Thanks!

[Jenyfer9]

If you have a Plat of Survey (you should get one at your closing w/all the other paperwork), it will tell you if the fence is on your property or not. I would assume that if it's connected to your house, it's your fence, but...

Oh, and if it's your fence, your neighbor has no say in what you do, so it would only be a couretsey (sp?) to inform them of your intentions.

[nyclaura]

Thank you Jenyfer - I'll look through my paperwork for that. We do have a huge stack of stuff from the closing. If by chance we do not have that paper - can we still get one after the fact? Would the Courthouse have something like that? Or our closing lawyer?

[melones]

We replaced a fence we shared with our neighbors and did not ask them to share in the cost. We informed our neighbors of our plans in writing with contact information if they had an concerns or questions. Never heard from them. I never formally confirmed it was my fence but did not think they would object to a more attractive and sturdy fence.

[karlatta]

It's possible the fence belongs to both of you. That's how the fences in my neighborhood work. Do you have an HOA you could call and ask?

If you aren't going to ask him to pay for it, that's fine, but if the fence is his, I believe you are obligated to tell him that you will be replacing it and ask for his permission. Just because I have an older car in front of my house, someone can't take it away, even if they give me a nice new Honda Accord in exchange, you know?

ETA: All fences in my neighborhood are shared, no matter which way the posts face.

[Kimberland30]

What side of the fence are the posts on? Can you see the posts from your yard, or do you have the "pretty" side? If the posts are on your side, the fence is yours (or at least that is the case here).

The city where you bought your house should have your Plat layout. You should be able to request it from (I think) the Permits office. Try your closing attorney first though if you don't have it. Chances are they might, but you should have been copied on all documents.

[mindy75]

You should be able to call your city codes office to get your plat. A county building codes office could probably do the same. We didn't have one in our closing paperwork, because we didn't order a survey. Therefore, our closing attorney and our realtor didn't have one either. We should have, because we plan on putting up a fence later on, but we didn't want to pay for it at the time. We called the city to get just a copy of the plat. I don't know what that will tell you about your fence, if you've not had a full survey though.

[jennylou]

The pretty side/post side is local ordinances - but not all of them have those laws on the books. For instance, we live in a township, and although the ugly side of the fence faces us, it's our neighbors fence.

[nyclaura]

Thanks so much for all these great responses!! I'm going to call around tomorrow and get our Plat survey - I didn't even know that existed!

A couple of people had asked about posts. I'm not entirely sure what side our posts are on. I'll have to check tonight. I know that there are 2 posts that are physically attached to the back of our house though.

We don't have a HOA to check with either. Both houses are nearly 200 years old so were around long before any of the "planned" areas of our town took shape.

I believe the fence is 12-15 years old. Last winter we had a terrible ice storm and a tree fell through part of the fence taking out 4 of the panels. We paid to have it repaired (the neighbor did not pay anything and also did not make any movement during the storm to repair it) but it has just never really looked as "good" since the repair and now one of the repaired panels is leaning into our yard slightly. I think it's just a matter of time before another storm would push it over.

So, part of the desire to replace it is for safety of the panels being more secure and also for aesthetic reasons from when the tree fell and we had to "patch" together some panels.

Thanks again!! I'll be sure to update when I learn more.

[suzubeane]

I'm really surprised to learn that there are places where ordinances dictate who gets the "ugly" side. I thought it was considered proper everywhere to give your neighbor the attractive side of the fence.

[nyclaura]

I checked last night whether or not I have the "post side" and it appears we BOTH have the post side. I'm sure that makes no sense - but here's how it's put up.

There are 6x8 panels of solid fencing and in between each panel is a post with a decorative top cap piece. The posts are visible on each side of the fence as the panels appear to be attached to them.

No idea yet if that makes any difference - I'm going to call today to try to get the Plat.

[karlatta]

Is it kind of like this?
http://www.elyriafence.com/Images/lg_sd_gn_picket_2.jpg

If so, that's Good Neighbor fencing, and it probably means that you guys both own the fence.

We have a good neighbor fence in our backyard, but I couldn't find any online pictures of it. Ours is slightly different, as the panels seem to alternate. Every other 6x8 panel faces us, and the others face them, so we both have 50% good side and 50% bad side.

[nyclaura]

Yes! Karlatta thanks! It looks very similar to that. And what we plan to replace it with looks nearly identical to what is there now.

In addition, some of our panels have an "extra" top lattice piece that makes it a bit higher closer to the house. We would keep that too as it does help with privacy closer to our patio.

[Hangin'in]

I don't think it matters here who has the pretty side of the fence.... ordinances say that the pretty side has to face the street. Neighbors two houses down put up a fence right after their house was built, and the pretty side faces out on all sides. Our next door neighbor just had a fence built, and while the pretty side from his other neighbors fence faces his side, the pretty side of his fence faces us. We are currently getting bids on finishing the fencing in of our back yard, so I will ask about that. There are others in our neighborhood, who have the pretty side facing the front of the house, but the other 3 sides are *ugly side out*. When my parents had their fence built, they did theirs the same way, pretty facing the street, but the other 3 sides are ugly side out....

When we have ours built, I would prefer to have the pretty side facing in, to match the the other two sides already there. We were not asked to help with the fence, and I don't think we will ask the neighbors on the other side of us to help, even though we talked about it right after they moved in..... I figure ~100 feet of fence and two gates won't break the bank! Of course, I may be shocked when they actually give me the estimates!

edited to fix typos

[nyclaura]

Hangin - Our estimates were initially higher than we thought they would be. We'll have 50 feet of fence on one side of use (between neighbor) and another 20 feet + 36 inch gate (that is a rather complicated arbor gate) on the other side facing the street. Our estimates are coming in around 7-9k all in for labor + materials.