Are we obligated to pay for a fence that was put up before we moved in and we had no say in?

Question

We recently moved into a new community and both our neighbors on either sides have dogs and young children, so had their fences up months before we moved in. We've been living here two months now, and our neighbor to the right gives us a bill for $600! Firstly, we don't even know if fences are mandatory, and since we don't have kids or dogs, we don't care about having a fence! Secondly, if they are mandatory, we were not given any say on how the fence was built or how much was paid. My husband's brother is a General Contractor, and can get materials for almost nothing and would've been happy to put up the fence for free, so we don't see why we should pay for what we could've gotten for way less. I understand that we should be neighborly, but I think it was rude to bang on our door after two months and demand a certain payment with no room for "talking about it." Don't neighbors waive their right to split a cost when they build a fence without us even allowed to consult?

Our house is brand-new, therefore there wasn't a previous home-owner. The HOA says that fences are strongly suggested, but there is nothing to say they are mandatory or how long you have to build one. I'm thinking if they truly were mandatory, we'd be given a time limit. I'm happy to help out, but given that they basically gave us a net-30 invoice, I'm not so happy to "work" with them.

On both sides we are looking at the unfinished stud side!! I don't really care if it's partly on our yard, but don't start billing me for it! We live in CO nearby Denver, so I'm not sure if it's a commonwealth state... :(

Answer 1

I don't understand - they had their fences up; did that include having a fence around your house?

Either way, it's good to be neighborly and discuss matters and do things for your own community, but you can't impose that on anyone. In my point of view, you owe them nothing because the matter was never negotiated with you and you had never agreed to have a fence, or pay for it.

I know you want to be nice and all, but I still think that you shouldn't pay. I feel that by paying them, it would be as though they are using you... it's not fair for you.

It's good to be nice to our neighbors, especially when we're new at a neighborhood - but those don't seem to be the type of people I would want to be nice to!

I feel sorry for you for having moved next to such neighbors.

Answer 2

I just wouldn't sweat it at all. How in the world they think they can impose that on you when they put it up before you were even there is beyond me.
Your bigger problem is you've moved in next door to someone who would hand you a bill like that in the first place. Hopefully it's not the beginning of other things to come.
I would assume they are only asking for half of what that one stretch of fence would be that borders your properties. If $600 is half that what a rip off.
I live in Colorado as well - not sure what your neighborhood is like, but if it's like most of the average neighborhoods, then I know what kind of fence you are talking about about what size of yard.
HOA I know are big here - and they really still don't have any bite. But even yet, if they aren't requiring the fence then your neighbors are plain out of luck. Let them sue you - I doubt it would be worth their time and trouble being it doesn't look like they would have a leg to stand on.
Good luck :) Just be polite and say that since the fence was put up before you moved in, thus having no say, you do not feel obligated.

Answer 3

You're only responsible for the cost of something that happened before you moved in if you agreed with the previous homeowner that that was going to be the case. This will occasionally happen if you, say, want to buy some appliances that they were originally going to take with them, or if there's a bit of improvement work that hasn't been done yet but they're willing to do now so you don't have to deal with it later.

Clearly, your neighbor is not the previous homeowner, and a fence on their property is not part of your responsibility. Even if the rules in your neighborhood state that you must have a fence, you weren't consulted on any of the details on this one, and therefore it isn't your problem.

It sounds like you've got a real peach of a neighbor, there, and I don't envy you. But just because they're jerks doesnt mean you should be too. Go in armed. Talk to the homeowner's association, and then a lawyer if you have to. There is NO WAY this is your responsibility, and so you have to be able to verify that since he clearly thinks otherwise. It might cushion the blow a little bit if you can perhaps offer them the future option of going with your brother in law's services. He did exceed all limits of polite dealings with the way this was presented to you, and that is just not acceptable.

Answer 4

First find out all the specifics : An ordinance, Neighborhood Assoc. etc.
Then find out where the fence sits.... (on whose property...)
Also if the inclusion of the cost of the fence was an agreement with the previous owner then they are liable, especially if it wasn't included as information in the purchase agreement.
Personally.... I don't think that you are liable for any monetary contribution to the cost of the fence. I don't think that you can be forced to pay any amount requested.....
Try to resolve the conflict peacefully, but if that doesn't work then you'll probably have to get a lawyer. Good Luck.

Answer 5

Do you pay dues to a homeowners association? If there is one, they should be the one to notify you if there is a bill to pay, not the neighbor. If there is not one, you should tell the neighbor that since you were never interested in the fence in the first place, that they are on their own as far as payment. You never ordered a fence and you don't have to pay for it. Their presenting you with a bill does not mean you owe it. Sounds like they are just trying to pull something.

Answer 6

You need to talk to someone at the HOA to make certain what the rules and regulations are, concerning this matter,be sure to get copies. Whoever was involved with the sale of your home, the Bank, etc. contact them about your responsibilities involving the fence. Banks have consultants and good lawyers or recommendations as to who you might talk to in regards to this nasty situation....I really feel sorry for you, this should not have happened...Try to resolve everything peaceably... as you will be living with these neighbors for awhile. Good Luck!

Answer 7

if you happen to live in a commonwealth state your neighbors have the right to bill you for 1/2 their fence (the part that the 2 of you share). that doesn't mean you are responsible for paying it.
i would get a land surveyer to survey your property. if the fence is at all on your property you have the right to take it down (and sue them) or have them pay for it being on your property.
i agree , it's absolutely obsurd; but a commonwealth state has stupid laws.

check your local laws.

i don't think CO. is a commonwealth state. i live in VA. and the laws here state that if a fence is 'shared' then both people who 'share' it have to pay for it. even if it was up before you moved in. we had the same problem with our neighbors. a friend of mine is a land surveyer and found the neighbors' fence was on our property so we took it down and billed him for doing it. i typically make between $50 and $100/hour so he was billed $75/hr.

Answer 8

That is crazy! No, you shouldn't have to pay, unless there is some stupid ordinance somewhere that says you have to split the cost, which I'm sure that there isn't. To try and keep peace with the neighbors, I would just explain that you had no idea about the fence and cannot afford to pay for it. If you had been involved with putting it up, then you would be liable, but as it is, why should you have to pay for something that doesn't benefit you?

Answer 9

Sounds like my old neighbors bought the house next-door to you!

Whose property is the fence on? Legally, they should not have put the fence on your property, or even on the property line. It should have been put on their property at least one foot inside the property line (on their side).

In any event, even though fences are strongly recommended by HOA, they are not required. If the fence was in place before you bought your property, you don't have any connection to it--you were not involved in its construction, etc. Are you looking at the unfinished side? Or the finished side? I would not pay for the fence.

Answer 10

Neighbors *have* no right to split a cost! They may agree to do so, but obviously this isn't the case here.

The fence belongs to the person on whose property it sits. Therefore, if it is on your property, you own it (and may therefore remove it if you please.) You owe your neighbor nothing for HIS fence.

But, because you're going to have to live next door, be gentle in saying so. If things get nasty, consult an attorney right away. It doesn't cost much to simply find out what the law says about it.

L.
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