Privacy fences and erosion

[pugpeople]

What is the name of your state? Indiana

We installed a wooden privacy fence not long after we purchased our home in a new subdivision. We placed the fence approx 1 foot off of the property line. The following year, the neighbor to one side installed a fence right on his property line.

The recent rains have led to a lot of erosion and has caused his fence to lean into ours by "unburying" the concrete that the posts were set in.

Can someone comment on who is legally responsible for the erosion repair and for the repair to his fence?

Thanks

[justalayman]

well, it would depend on what action, if any caused the fence to lean.

There can be several reasons such as;

1. his fence was not installed properly

2.
you allowed your property to wash out which caused the failure

there is one reason each of you would be held liable. So, what caused or allowed the washout and was his fence installed per typical requirements for the area?

[pugpeople]

His fence was surely installed correctly.

The erosion occurred as the drainage for the area was designed - right done the property line to the easement in the rear.

I am not sure of the extend of erosion on his side of the fence to know if water channeled from his back yard into the area between the fences.

Thoughts?

[justalayman]

what was originally used to direct the drainage runoff then? If he altered what was there, it would be his fault and conversely if you altered what was there, it would be your fault.

[pugpeople]

The erosion / drainage was controlled / directed purely by the contour of each lot.

Neither of us did anything to the grade of the lot. Merely installed wood privacy fences.

Thoughts?

[HuAi]

Sounds like he picked a bad spot to install a fence then...is he asking you for money?

[pugpeople]

He installed from back property line all the way to front of house whereby I went from back property line to back edge of house.

Any idea where the blame / liability lies?

[pugpeople]

We had discussed options, but made no committments...I thought.

He goes and buys rock and soil and then puts a copy of the receipt in my mailbox asking for half the $$.

It's only $58.00, but it's the principle.

[justalayman]

if $58 takes care of it, it would be a cheap cure to the situation. If he believes you are at fault and sues you, it will cost you more than that in gas to fight this.

[pugpeople]

Just wanted to know where it stands. I think his solution is short term and will not last.

[John Se]

who is responsible? both of you ....go maintain your fence posts....you could blame..well god for making the rain

[longsally111]

if you pay the 58.00, he could come baxck and say that you knew you were responsible or else you would not have paid. Since it is a short term fix, I would not pay it unless you get him to sign something that states you are paying it to be neighborly and you are not admitting any fault. If you don't, this could come back to bite you big time.