neighbor's owe 50% for fence bordering property.

[fencegrrr]

What is the name of your state (only U.S. law)? Washington State

Last July (2007) we met with neighbors and agree to put up a fence on our property and all of our neighbors agreed to pay 50% of the cost of the fence that bordered their properties.

one neighbor paid, one didn't. Taking the one who didn't to court.

This was a verbal agreement, witnessed by the other neighbor. Although I don't want to rely on them being witnesses in court...we have proof of the other neighbors payment and already have an email from a 3rd party who witnessed their "interest" in sharing the cost of the fence...as well as documentation of every time and conversation we have had for the last year about collecting the money...

Do you think we stand a chance of winning our claim? What else should we get to sinch the deal???

Also, that neighbor posted a letter on our door saying they were going to counter sue us for a frivolous law suite...but it isn't frivolous...is it? We are attempting to collect money for goods/services...on a tangable debt with proof....not humiliate them for no reason.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington State

Last July (2007) we met with neighbors and agree to put up a fence on our property and all of our neighbors agreed to pay 50% of the cost of the fence that bordered their properties.

one neighbor paid, one didn't. Taking the one who didn't to court.

This was a verbal agreement, witnessed by the other neighbor. Although I don't want to rely on them being witnesses in court...we have proof of the other neighbors payment and already have an email from a 3rd party who witnessed their "interest" in sharing the cost of the fence...as well as documentation of every time and conversation we have had for the last year about collecting the money...

Do you think we stand a chance of winning our claim? What else should we get to sinch the deal???

Also, that neighbor posted a letter on our door saying they were going to counter sue us for a frivolous law suite...but it isn't frivolous...is it? We are attempting to collect money for goods/services...on a tangable debt with proof....not humiliate them for no reason.

**A: your chances are 50/50. Why did you not get anything in writing? On whose property are the fences on?

 

[fencegrrr]

neighbors owe for fence....

Too trusting of people I guess to get anything in writing...won't make that mistake again...fence had to be put just inside of our property line since technically we were the ones buying the fence.

Still seems to me if someone makes a verbal agreement (upheld by 2 witnesses in the same house, and one other "expression of interest" statment by the community sales person) that we should have a leg to stand on...plus all of my documentation regarding conversations to collect the money for the last year...you think not though?

I could have told you my odds were 50/50 just saying if you were the judge...which way would you go and why?

 

[HomeGuru]

Too trusting of people I guess to get anything in writing...won't make that mistake again...fence had to be put just inside of our property line since technically we were the ones buying the fence.

Still seems to me if someone makes a verbal agreement (upheld by 2 witnesses in the same house, and one other "expression of interest" statment by the community sales person) that we should have a leg to stand on...plus all of my documentation regarding conversations to collect the money for the last year...you think not though?

I could have told you my odds were 50/50 just saying if you were the judge...which way would you go and why?

**A: your post is confusing. The person that did not pay. Please state excatly what this person said verbally and in email directly to you. Notice I said directly to you not a third party.

 

[moburkes]

Why would your neighbor responsible for paying a portion of YOUR fence? Does paying also give him the right to paint stripes on it or take it down?

 

[fencegrrr]

The original verbal agreement was:

Would you guys (speaking to the neighbors to the back left and direct left of us) be willing to split the cost of the fence that borders our properties?

They all said "yes"

While we were meeting the fence people gave me a quote...and those neighbors a quote. At that time I was able to say, your portion of the fence would be about $____. They said they could do that, that it sounded reasonable.

When the neighbors to the back left paid, I did write a reciept giving him equal rights, privilages and responsibilities...basically, if he wanted to paint stripes on his side of the fence, he could...however if he wanted to tear it down, he would need our permission first, but likewise, if we wanted to tear it down we would need his permission first.

Please understand that the neighbors who did not pay are getting use out of the side we erected. They put up the other 3 sides to their fence. They have children and a dog who use this fence for boundaries and privacy...

We had to put the fence just inside our property line because the fence people said we were the ones signing the agreement with them directly so we couldn't put it "on" the property line...so basically they tied a string to the survey spikes and right on the inside (our side) of that line they built the fence.

ok any more questions?

As I understand EVERY neighbor in our developement has done this successfully with their respective neighbors and without incident (split the cost of the fence that borders their resepective properties by 50%).

I also have an email from the saleperson for the subdivision stating that they (the neighbors who didn't pay) did express and interest in splitting the cost of the fence).

 

[fencegrrr]

wohoo..slam dunk!

Nevermind. According to RCW 16.60.020

"When any fence has been, or shall hereafter be, erected by any person on the boundary line of his land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure, so that such fence may also answer the purpose of inclosing his ground, he shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them."

so, like I said, he erected the other 3 sides...he owes us money.