all neighbors built onto my fence

[markimus2w1]

What is the name of your state Idaho.

When my wife and I moved in to our house we had a fence built. a year later 3 houses are built around our house and they all connect to my fence. According to Idaho law it states that they are indebted 1/2 of the cost of adjoining fence that they connected to. I have asked them for less than half and they have all refused because they don't believe they owe anything. Now i want the full half being that I paid for a full entire fence and these guys get a discounted fence just cause I built one first? Doesn't seem fair to me. Can I take them to small claims court?

 

[Zigner]

What is the name of your state Idaho.

When my wife and I moved in to our house we had a fence built. a year later 3 houses are built around our house and they all connect to my fence. According to Idaho law it states that they are indebted 1/2 of the cost of adjoining fence that they connected to. I have asked them for less than half and they have all refused because they don't believe they owe anything. Now i want the full half being that I paid for a full entire fence and these guys get a discounted fence just cause I built one first? Doesn't seem fair to me. Can I take them to small claims court?

Why don't you cite the law that you are referring to...

 

[Kiawah]

That may be the law (if that really exists), but not a great way to make friends with all the neighbors.

This might end up, win the battle - loose the war.

 

[Zigner]

That may be the law (if that really exists), but not a great way to make friends with all the neighbors.

This might end up, win the battle - loose the war.

I tend to believe that our OP my not be interpreting the law correctly...that's why I'd like him to point out the law he's referring to.

 

[markimus2w1]

http://law.justia.com/idaho/codes/2005/35ftoc/350010005.html

TITLE 35
FENCES
CHAPTER 1
FENCES IN GENERAL
35-105. USE OF DIVISION FENCE IN MAKING INCLOSURE. When one (1) of such
adjoining proprietors has allowed his land to lie uninclosed, and afterward
incloses it, he owes and is indebted to such adjoining owner one-half (1/2)
the value of any division fence owned by the other, used by him in forming
such inclosure; and each must thereafter keep one-half (1/2) of such fence in
repair.

 

[154NH773]

I read that exactly as you've interpreted it. As long as some other provision of the law doesn't negate that section in your circumstance, I would advise them on the law, and if they give you a hard time then proceed to Small Claims.

 

[markimus2w1]

thanks

I've already brought it up to the 2 neighbors who consider this law to be "vague" and I only asked for 25% and we'll call it good. They declined so off to small claims court I go.

 

[Zigner]

Actually, to ME, that section seems to state that the neighbors are required to assist in MAINTAINING the fence.

 

[Zigner]

You will need to follow this too:

TITLE 35
FENCES
CHAPTER 1
FENCES IN GENERAL
35-106.Disagreement between owners -- Viewers. If adjoining proprietors cannot agree as to the proportion or the particular part of a division fence to be made, maintained or kept in repair by each respectively, either party may apply, on five (5) days’ notice, to a justice of the peace of the township, if there be one, if not, to the probate judge, for the appointment of three (3) viewers, who may examine witnesses on oath, and view the premises and must determine:
1. If the fence is owned by one (1) proprietor, how much the other must pay as his proportion of the value.
2. If the fence or the whole thereof is not built, which part thereof must afterward be built and kept in repair by each.
The determination of the viewers must be reduced to writing and signed by them, and filed in the office of the county recorder, and such determination is conclusive upon the parties. If any part of such determination consists in fixing the value of a fence for which one (1) party is to pay the other a proportion also fixed, such proportion must be paid within thirty (30) days after notice of such determination, and if not so paid, may be recovered by action in any court of competent jurisdiction. The viewers are entitled to a fee of three dollars ($3.00) each, one-half (1/2) to be paid by each proprietor.

 

[markimus2w1]

The way it reads says they are responsible for 1/2 the upkeep after they pay half of what it cost me to put the fence up.

"he owes and is indebted to such adjoining owner one-half (1/2)
the value of any division fence owned by the other, used by him in forming
such inclosure" afterward we are both responsible for half of upkeep costs, cause we both now own that side of the fence.

 

[markimus2w1]

Yeah i read that part as well about the disagreement, I think that would only matter if we disagreed on how much they should have to pay.

 

[Zigner]

The way it reads says they are responsible for 1/2 the upkeep after they pay half of what it cost me to put the fence up.

"he owes and is indebted to such adjoining owner one-half (1/2)
the value of any division fence owned by the other, used by him in forming
such inclosure" afterward we are both responsible for half of upkeep costs, cause we both now own that side of the fence.

It doesn't say that you are owed half of what you paid to put the fence up. It says you are owed half the value of the fence.

 

[Zigner]

Yeah i read that part as well about the disagreement, I think that would only matter if we disagreed on how much they should have to pay.

That's exactly what your disagreement is. You think they should pay 50%. They think they should pay 0%.

 

[markimus2w1]

true didn't think of it that way so I'll minus the labor i suppose

 

[Kiawah]

Looks like the way that law is written, that 25% of their shared piece of your fence was a very reasonable offer (assuming it's not some way over the top, exotic out of the ordinary - super expensive fence).

Seems like the discussion with them (or the 'viewer') now needs to be, your cost per linear foot of installed fence, versus their cost per linear foot of installed fence. And just how long each neighbor's shared fence with you is.