• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Financial responiblilty of a fenceline fence

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

F

fencing33

Guest
What is the name of your state?CA

We informed a neighbor that we would like to replace the damaged fence between our properties. We had 3 estimates. They told us that they would get estimates of their own and call us back. After 2 weeks, they never called us back. We had the fence replaced, paid the invoice, and sent it to the neighbor asking them to pay for half. After numerous attempts to contact them, we discover that their house is up for sale. Can we legally hold them responsible for half the cost of the fence replacement?
 


F

FarmerJ

Senior Member
With out a written agreement signed by them what would you use to support a claim to a small claims court that they are obligated ? your word against theirs ?
 
H

HomeGuru

Senior Member
fencing33 said:
What is the name of your state?CA

We informed a neighbor that we would like to replace the damaged fence between our properties. We had 3 estimates. They told us that they would get estimates of their own and call us back. After 2 weeks, they never called us back. We had the fence replaced, paid the invoice, and sent it to the neighbor asking them to pay for half. After numerous attempts to contact them, we discover that their house is up for sale. Can we legally hold them responsible for half the cost of the fence replacement?
Click to expand...
**A: did they agree to pay for half?
 
F

fencing33

Guest
They told us that she would get estimates, too. Which implied that they wanted to replace the fence. Recently we heard that they wanted to do the labor them self and have us pay for the material. (But did not inform us of that within the 2 week period.)
 
F

fencing33

Guest
CA

We both have pools in our back yard. Since I paid to replace the damaged fence in full, do I have the right to remove the fence or replace it with something hideous? After all, they are trying to sell their house now. I believe CA state law requires that a pool be fenced in to avoid liability of an accidental drowning. :confused:
 
N

nextwife

Senior Member
Even if you had NO neighbor there, wouldn't you still want a fence, ESPECIALLY since you have a pool, and wouldn't you want it to be attrative?

Sounds as though YOU were the ones who really wanted the fence and they might have been willing to contribute if they found it at the right price. Their statement of getting more estimates sounds to me as though they didn't like the prices you got and wanted to see if they could find it at a lower cost BEFORE "commiting" to the project. NOT that they were agreeing to pay half of any amount YOU chose to spend. The fence was a priority to you at this time, obviously not so to them.

Be happy you have done the proper thing- safely enclosed a yard that could be hazardous if a young child wandered in.
 
H

HomeGuru

Senior Member
nextwife said:
Even if you had NO neighbor there, wouldn't you still want a fence, ESPECIALLY since you have a pool, and wouldn't you want it to be attrative?

Sounds as though YOU were the ones who really wanted the fence and they might have been willing to contribute if they found it at the right price. Their statement of getting more estimates sounds to me as though they didn't like the prices you got and wanted to see if they could find it at a lower cost BEFORE "commiting" to the project. NOT that they were agreeing to pay half of any amount YOU chose to spend. The fence was a priority to you at this time, obviously not so to them.

Be happy you have done the proper thing- safely enclosed a yard that could be hazardous if a young child wandered in.
Click to expand...

**A: I totally agree.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top