neighbor's invisible fence cut

[grandmanorcourt]

We live in WA. Recently got neighbor's approval and put a fence. Instructed the fencing company to put it 6" in our lot. Neighbor didn't tell us their dog fence wire was right on boundary/flag it although they did move their stuff away from the area. While digging the post holes, our agent cut their dog's invisible fence wire in 3 places. Neighbor told us that it was "a simple matter of splicing the wire" and asked us to fix it. We got wire from home depot and spliced it in. Neighbor walked around with the dog collar testing it and told us his panel said the circuit was complete so we were "all set". We took that as a verbal agreement that we had done our part. Two weeks later neighbor gave us a 140$ bill from the invisible fence company as their dog was getting out and they needed to fix the invisible fence as our splicing didn't do the job. Are we liable after their verbal assurance that we were all set? They are now knocking on our door daily and asking for money and wouldn't go away till we answer.

 

[swalsh411]

Well let's review the facts:

-The crew you hired caused the damage
-You agreed to repair damage
-You attempted to repair damage but were unsucessful
-Neighbor attempted to verify repair was made properly but there is really no way you can know for sure until the collar is on the dog.
-Neighbor had to hire somebody to repair damage
-$140 is not unreasonable.

So you have to ask yourself if your relationship with your neighbor is worth $140.

 

[xylene]

Well let's review the facts:

-The crew you hired caused the damage
-You agreed to repair damage
-You attempted to repair damage but were unsucessful
-Neighbor attempted to verify repair was made properly but there is really no way you can know for sure until the collar is on the dog.
-Neighbor had to hire somebody to repair damage
-$140 is not unreasonable.

So you have to ask yourself if your relationship with your neighbor is worth $140.

Sounds spot on.

I would add the poster sound insist on a release of some sort now that the the repair is made so that every malfunction of the invisible fence (a finicky device I have seen dogs themselves rip up.) is not pinned on them....

 

[NC Aggie]

I have to agree with the last post here, I don't think their request is unreasonable. Would the matter even be worth taking to small claims court to determine if you're liable or not? Just based on the information you provided, I absolutely see how you would still be liable for the repairs though I understand your position. Even if the neighbor initially accepted your handywork, it does not relieve you of liability if he/she can prove you were responsible for the damage.

 

[You Are Guilty]

Good advice, but added a clarification below:

I would add the poster sound insist on a [highlight]written[/highlight] release of some sort now that the the repair is made so that every malfunction of the invisible fence (a finicky device I have seen dogs themselves rip up.) is not pinned on them....

 

[csi7]

Yes, I agree, a "written" agreement would serve to end this matter in fair way for future reference.

 

[grandmanorcourt]

Dont the neighbors have any responsibility for knowing exactly where we were putting the fence (we marked the boundary with a string and they saw it and moved their trash can and stuff they were leaning against a tree in our yard away) and not telling us the dog's invisible fence was there/flagging it? It seems a bit hard that we pay for a visible fence for them and an invisible fence.

 

[justalayman]

Dont the neighbors have any responsibility for knowing exactly where we were putting the fence (we marked the boundary with a string and they saw it and moved their trash can and stuff they were leaning against a tree in our yard away) and not telling us the dog's invisible fence was there/flagging it? It seems a bit hard that we pay for a visible fence for them and an invisible fence.

as long as their wire was on their property, they had no duty to notify you of anything. If you cut a wire that was on their side of the line, you would also be guilty of trespass as well as damaging the property.

 

[Captain Picard]

I don't see the neighbor as having a good case. They asked for the work to be done and approved it after it was done. Now six weeks later, they say that there is an issue.

So their work failed after 6 weeks, presumably. Did the neighbor ask for a guarantee? No. Then they get none.

If a company would have done the work, most would post that the company that did not offer any warranty is now scott free. No difference here.

 

[justalayman]

Captain Picard;2933477]

So their work failed after 6 weeks, presumably. Did the neighbor ask for a guarantee? No. Then they get none.

they don't have to ask for a guarantee. The OP must return it to the same condition as it was prior to the damage. A repair that fails in 6 weeks does not return them to that condition.

If a company would have done the work, most would post that the company that did not offer any warranty is now scott free. No difference here.

You are on the wrong side of the fence. The repair company did not damage the fence and have no duty to repair the fence. They would be doing it because they were hire to do it. Here, the OP had a duty to return the fence to it's pre-damage condition.

 

[NC Aggie]

I don't see the neighbor as having a good case. They asked for the work to be done and approved it after it was done. Now six weeks later, they say that there is an issue.

So their work failed after 6 weeks, presumably. Did the neighbor ask for a guarantee? No. Then they get none.

If a company would have done the work, most would post that the company that did not offer any warranty is now scott free. No difference here.

I couldn't disagree with you more. If you know anything about tort law or research it, you would understand that the O.P. has the responsibility to restore his neighbor's invisible fence to an equal state or better than it was before. Approving the work done initially by the O.P. does not release the O.P. from liability....had the neighbor signed a written release, then the O.P. would be off the hook. Very similar to what insurance companies do when settling claims for automobile accidents.

 

[Captain Picard]

I wonder if the fencing company could be chased down...??? for OP: did fencing company cut a wire on their property? How far inside the property line? There may be requirement not to put the wire so many inches or feet from that line.

 

[justalayman]

I wonder if the fencing company could be chased down...??? for OP: did fencing company cut a wire on their property? How far inside the property line? There may be requirement not to put the wire so many inches or feet from that line.

Are you suggesting there might be a requirement for the neighbors to allow an encroachment on their property? Really?

 

[Captain Picard]

Are you suggesting there might be a requirement for the neighbors to allow an encroachment on their property? Really?

It may be that the dog wire encroached on their property line or is exactly on the line instead of being set off a couple of inches.

Since I am posting again .. to the OP: has the dog gotten free since they "fixed" the line last?

 

[justalayman]

It may be that the dog wire encroached on their property line or is exactly on the line instead of being set off a couple of inches.

Since I am posting again .. to the OP: has the dog gotten free since they "fixed" the line last?

as long as the wire did not cross the line, it being damaged would be evidence of a trespass by the fence installer, at the request of the OP. There is an immeasurable line at the point the two properties meet. It matters not if the wire touched the line or was 10 feet from that line as long as it didn't cross that line. That would mean it was on the owners property and is safe from others that do not trespass.