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  • fudoc5
    Freshie
    • Jun 2015
    • 19

    #1

    new fences

    Hi All,

    I purchased a small section in a sub-division lot a year ago with the initial intention of building a new house to settle in. My intention changed about 6months later, and I had decided to not build and to sell off the section.

    About a month ago, one of the builders building the neighbors house approached me asking me to fork out half of the fencing cost.

    Now from my understanding, the cost of fence builds is a shared cost between neighbors. But given that I was not planning to build anymore and had since had the section listed on market for sale, would I still be liable for the building of the neighbor's fence?


    so far I have told the neighbor's builder that I am selling the section and will inform the new owners about the fence cost, but he is insisting I put it in the S&P agreetment. I'm not too keen on this since it may complicate matters more, as this is only 1 of the 3 surrounding neighbors starting their built, what about the other 2 fences when they start?

    Would really appreciate any form of advice as to what my options are and what I could do? Thanks, Nick
  • jimO
    Fanatical
    • Sep 2011
    • 1763

    #2
    pay up
    .....

    Comment

    • Bob Kane
      Fanatical
      • May 2008
      • 3679

      #3
      Don't put it in the S&P agreement.

      Comment

      • flyernzl
        Fanatical
        • Mar 2007
        • 3143

        #4
        While you own the section you are legally liable for half the cost of the joint fence regardless of your intentions re selling or building.

        Comment

        • Bob Kane
          Fanatical
          • May 2008
          • 3679

          #5
          Seems like you should sell it quick.

          Comment

          • PTILoveYou
            Fanatical
            • Sep 2013
            • 3867

            #6
            Just say no and be firm.

            the fence benefit him more than you, and he has far more to gain and not to lose by getting the fence build quickly, so just let him build his fence at his own cost.

            Comment

            • jimO
              Fanatical
              • Sep 2011
              • 1763

              #7
              Originally posted by Gary Lin View Post
              Just say no and be firm.

              the fence benefit him more than you, and he has far more to gain and not to lose by getting the fence build quickly, so just let him build his fence at his own cost.
              what a great human being

              Comment

              • Maccachic
                Fanatical
                • Jul 2011
                • 2759

                #8
                What was the terms in the S and P when you purchased Id imagine it was spelled out quite clearly

                Comment

                • PTILoveYou
                  Fanatical
                  • Sep 2013
                  • 3867

                  #9
                  Originally posted by jimO View Post
                  what a great human being
                  Well Nick doesn't want to pay right? So I'm just going along with it.

                  Or he can be a nice person just like you, and pay his fair share.

                  Comment

                  • Wayne
                    Fanatical
                    • Jun 2004
                    • 10899

                    #10
                    Originally posted by Gary Lin View Post
                    Well Nick doesn't want to pay right? So I'm just going along with it.

                    Or he can be a nice person just like you, and pay his fair share.
                    Fair or legal?
                    Very ruthless and unethical IMHO Gary.
                    If he is issued a fencing notice he has little choice really.
                    Weather he plans to build or not it is just tough!

                    Comment

                    • PTILoveYou
                      Fanatical
                      • Sep 2013
                      • 3867

                      #11
                      Originally posted by Wayne View Post
                      If he is issued a fencing notice he has little choice really.
                      Weather he plans to build or not it is just tough!
                      Well if that's the last straw then tough luck and pay up.

                      Comment

                      • Wayne
                        Fanatical
                        • Jun 2004
                        • 10899

                        #12
                        Originally posted by Gary Lin View Post
                        Well if that's the last straw then tough luck and pay up.
                        So only pay up if you are forced to rather than do the right thing?
                        Nice!

                        Comment

                        • PTILoveYou
                          Fanatical
                          • Sep 2013
                          • 3867

                          #13
                          Originally posted by Wayne View Post
                          So only pay up if you are forced to rather than do the right thing?
                          Nice!
                          Well for OP, I don't see it being fair to him that someone want him to pay half the fence that he doesn't need.

                          Comment

                          • Wayne
                            Fanatical
                            • Jun 2004
                            • 10899

                            #14
                            Originally posted by Gary Lin View Post
                            Well for OP, I don't see it being fair to him that someone want him to pay half the fence that he doesn't need.
                            It doesn't matter if he needs it - it is an obligation he has as the property owner.
                            Put yourself in the neighbours shoes and look it from that side of the fence.
                            What would you expect if you were the other owner asking the vacant lot owner to pay what they are obliged to pay?

                            Comment

                            • PTILoveYou
                              Fanatical
                              • Sep 2013
                              • 3867

                              #15
                              Originally posted by Wayne View Post
                              It doesn't matter if he needs it - it is an obligation he has as the property owner.
                              Put yourself in the neighbours shoes and look it from that side of the fence.
                              What would you expect if you were the other owner asking the vacant lot owner to pay what they are obliged to pay?
                              Personally I would treat it case by case, but because OP already has indicated he doesn't want the new fence and not happy to pay for it, hence my recommendation is geared towards that.

                              Comment

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