Can I sue my neighbor for not paying his half of a common fence that was damaged in a wind storm?

Question

The wood fence was 31 years old and all of the posts were rotted. He said if we put the fence up then he would pay for half the next day. Well he refuses to pay now that the fence is up.

Answer 1

Unfortunately verbal agreements are not enforceable in court but promissory estopple is. Promissory estopple is a promise to act by one party and if a party fails to act and it results in damages to the other party then those damages can be recouped in court. That being said if you can prove the promise to pay you can most likely compel payment. Even if you can not since the neighbor benefits from the fence you can recoup some of the money for the the fence.

Answer 2

If you had an agreement with him that he would pay for half, you could sue him for breach of oral contract. You performed under the contract (by putting up the fence) and now you are in a worse position than if you had not performed. Therefore, he needs to pay you the difference, which are called reliance damages.

Answer 3

Depends if the fence is on the property line or on your side or his side.Your side it's yours.And do you want him angered over a law suit.Is the court cost worth it???? Next time get the money up front. At least the fence is up and you don't have to see him??Good luck

Answer 4

well did you get him to sign anything stating he would pay half? what makes it a common fence, because it wraps around both of your yards? or just your yard?
take him to small claims and cross your fingers.

Answer 5

Nope

Answer 6

Yes

Answer 7

then take it down. Get the money up front from him and in writing, then rebuild the fence.