Splitting the cost of a boundary fence

What is the name of your state?FL
I currently share a fence that seperates mine and my neighbors property. The fence is actually mine and falls in my property line which was just surveyed last month.

Neighbor comes over and says she wants to replace fence, rather than her build new one, do I want to split cost of fence and replace what is there. I state yes.

My question:
As this is technically going to be MY fence since it is on my property, is there any legal action I need to take before allowing her to pay for half of MY fence?

Thanks for all answers, smart a** and helpful alike!!!

A little help please?

Well does your neighboor have the understanding that this new fence is to be constructed on your property or does he think it is going to go on the line?
IMHO I think sharing the cost of a fence with a neighboor is a horrible idea, unless you don't have any way to pay for it yourself I wouldn't do it. If you can replace it on your dime and keep it on your property that would be best. It is not certian but you could end up with lots of issues later on just read these boards.

panzertanker said:

What is the name of your state?FL
I currently share a fence that seperates mine and my neighbors property. The fence is actually mine and falls in my property line which was just surveyed last month.

Neighbor comes over and says she wants to replace fence, rather than her build new one, do I want to split cost of fence and replace what is there. I state yes.

My question:
As this is technically going to be MY fence since it is on my property, is there any legal action I need to take before allowing her to pay for half of MY fence?

Thanks for all answers, smart a** and helpful alike!!!

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**A: have neighbor build a new fence on her own property.

Shel77 said:

Well does your neighboor have the understanding that this new fence is to be constructed on your property or does he think it is going to go on the line?
IMHO I think sharing the cost of a fence with a neighboor is a horrible idea, unless you don't have any way to pay for it yourself I wouldn't do it. If you can replace it on your dime and keep it on your property that would be best. It is not certian but you could end up with lots of issues later on just read these boards.

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Thanks shel, I am in marion county BTW

HomeGuru said:

**A: have neighbor build a new fence on her own property.

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Thank you.

Another Idea: easement for perpetual use and enjoyment

My neighbor, who is a PIA by the way. Had to have and easment of the general above description before hew would pay me for half of the block wall on the property line. Most peple just shake hands build the fence split the cost and go about their merry way. The easement spelled out who would repair it if it got damaged (whoever damaged it-DUH). and We agreed that it was on the property line. and we both get to use and enjoy it (its really quite nice and expensive made from clay brick).

I agree with HG, don't do it - there's too many potential problems. What happens if it's damaged by an act of nature? Who pays? How about when you get tired of looking at it in 5 years and want to take it down, but the neighbor doesn't? How about when you go to sell the house and tell the new owners they can't take down the fence that they just hate?

You Are Guilty said:

I agree with HG, don't do it - there's too many potential problems. What happens if it's damaged by an act of nature? Who pays? How about when you get tired of looking at it in 5 years and want to take it down, but the neighbor doesn't? How about when you go to sell the house and tell the new owners they can't take down the fence that they just hate?

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I understand. I have to think it out. The problem I am faced with is that it is a 700 foot long fence line and we both have horses. It did not make sense to have her build her own fence when I am going to have to rebuild the existing one. It is on my property and is MY fence. At the present time my poorly maintained fence is what is being used as a border for both of our pastures. She offered to split the cost as a new no-climb top board fence runs in the 5-6 dollar a foot installed range.

The idea of paying 2k instead of 4k sounded appealing. But as you all have brought up, there can/will be issues....

Todd,
While it may make good ecconomic sense to split the cost of rebuilding the fence on the property line not on your side so you would be moving it, initially, but if you tore down the old fence, then, your and your neighbor's horses would be right next to each other and separating them might make more sense, or at least having a portion of the pasture available with separation which would mean cross fencing your pasture. What you might do now is to agree to leave up the existing fence and build a fence on the property line, so there is no adverse possession, but don't tear down the old fence then you still have some separation between the horses and a new fence. How far in from the property line is the existing fence?

Bah, screw all that. Easy answer = shoot all the horses and burn the fence down. Plus, it's free (well, a minimal cost of bullets. Although I suppose you can beat them to death with a bat if you can't afford the ammo).

You Are Guilty said:

Bah, screw all that. Easy answer = shoot all the horses and burn the fence down. Plus, it's free (well, a minimal cost of bullets. Although I suppose you can beat them to death with a bat if you can't afford the ammo).

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See the only problem is that they are clydesdale horses, so I would have to invest in a stool or ladder also. Not cost effective!'

HomeGuru said:

**A: have neighbor build a new fence on her own property.

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This is the best idea in this whole thread.

rmet4nzkx said:

Todd,
While it may make good ecconomic sense to split the cost of rebuilding the fence on the property line not on your side so you would be moving it, initially, but if you tore down the old fence, then, your and your neighbor's horses would be right next to each other and separating them might make more sense, or at least having a portion of the pasture available with separation which would mean cross fencing your pasture. What you might do now is to agree to leave up the existing fence and build a fence on the property line, so there is no adverse possession, but don't tear down the old fence then you still have some separation between the horses and a new fence. How far in from the property line is the existing fence?

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The fence is about 1 foot, give or take, on my property.

I grasp what everyone is saying, but if there is nothing on paper and she has paid for half of my fence what legal problems would there really be?
I am asking b/c my non-legal mind sees it as a nice gesture with no ramifications, just a neighbor who doesn't mind paying for half of my fence whose existence has a benefit for her as well.

But, If something happened to the fence (unless it was her tree falling on it for example) it would of course be my responsibility; it is my fence after all.

So am I thinking wrong?
I like SJ and HG idea of having her build a fence on her property andthen incorporate doc's idea of leaving up old fence too. Hell, I ain't too shur whut ta do.....

Well if the fence is only 1' inside your property line if she were to erect the fence 1 ' inside her property line that would separate your horses by just 2' and not give enough room to access for maintenance. I would think that you would need at least 3-4' in between just to get a mower in between, you would both want gates to access the alley and possible could run goats once a year instead of mowers