We had a verbal agreement with our neighbor to replace the fence between our properties. One part of the fence which is very small lies on her property. It is exactly where the fence we replaced was. During the construction she became upset with the height of the fence and that the fence was on her property. Our contractor asked if she wanted the fence to be moved with a couple of his workers present. She said no it was fine and that he should proceed. After becoming upset that some grass clippings were in her drive after I mowed the lawn she was furious and said...I am going to call the better business buereu and you are going to have to move that part of the fence. Any suggestions? She had a verbal agreement with us, and then talked to our contractor and allowed him to proceed with the fence. Is this good enough to hold up in court? Thank you.
2006-08-14 02:21:13 · 9 answers · asked by bgriff193 1 in Home & Garden ➔ Maintenance & Repairs
In most states, an oral contract is considered valid. The reason that this contract is not as strong as written is the problem of evidence in the event of litigation. However, with three witnesses as a party to the agreement, it is likely you would prevail.
If your neighbor makes good on the threat and calls the BBB,
they will expect a written answer to the complaint. A notarized statement from each of the witnesses verifying the oral contract should satisfy the complaint, and it will be recorded as such. If it escalates to litigation, the statements and the satisfied complaint should result in a quick ruling in your favor. Good luck!
2006-08-14 02:31:53 · answer #1 · answered by Elwood Blues 6 · 0⤊ 0⤋
Property line fights can be messy. Depends on how long the fence is/was there; when it was learned that the property line may be in dispute; what was ever done about the possibility of the line issue being resolved; etc. So you see the timeline is somewhat important. It is sort of a "what was known by whom, and when" issue.
States vary on whether a verbal agreement is binding or not. But all do agree, having it in writing is much better.
2006-08-14 09:31:45 · answer #2 · answered by scubadiver50704 4 · 0⤊ 0⤋
Verbal agreements are generally binding, but you will have to get the builder to testify in court, and that may cost you money. The larger issue, and what will ultimately prevail is that you have built a structure on your neighbor's side of the property line. If she fails to challenge that, then she is in fact giving you part of her lot. Moreover, it will make it difficult for her to sell her home in the future, because a property survey will reveal the encroachment on her side. No lending institution will underwrite a loan with your fence on her side of the property. It could also cause you issues in the future if you chose to sell your home.
2006-08-14 12:15:58 · answer #3 · answered by richard Alvarado 4 · 1⤊ 0⤋
On the court of law there is circumstantial evidence and there is sworn evidence from witnesses. Once you contractor is willing to give his sworn testimony in an affidavit or in person, that evidence is admissible. In some countries, the person who builds first is responsible for putting up a fence. In some jurisdictions, both parties have to build fences. In other jurisdictions, the zoning laws decide such matters. Check your communities' building ordinances.
Boaz.
2006-08-14 09:32:58 · answer #4 · answered by Boaz 4 · 0⤊ 0⤋
Well... Since she said to your contractor and his workers that it was okay to continue on with the construction, you do have a upper hand regarding to the witnesses.
But it is nothing I would count on. You better get a good lawyer.
And the next time, put down the agreement on PAPER, then you won't have this kind of problem.
2006-08-14 09:29:33 · answer #5 · answered by Mathias H 2 · 1⤊ 0⤋
Will the cost of court and the aggravation be less expensive and troublesome than moving the fence?
2006-08-14 09:29:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Tough to say. Most courts will want to see something in writing to prove what you agreed to. You'll want to make sure you get your contractor to come with you if your neighbor does decide to take you to court to back up your version of events. Good luck!
2006-08-14 09:28:03 · answer #7 · answered by tarheel mom 3 · 0⤊ 0⤋
thats not a verbal agreement, what you have from her is her agreement that the fence was fine where it was and after he offered to move it, her claim would not stand up in court so tell in the nicest possible way to bite me
2006-08-14 09:29:10 · answer #8 · answered by Anonymous · 0⤊ 1⤋
its not worth the paper its writen on
2006-08-14 09:52:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋