Ageement between neighbors

[In2Ndo]

Hi )
Could someone please help me word this?
I'm going to be replacing the wood fence around my back yard and need to ask my neighbors if they want to go half's on it. So I need to write an agreement. If they agree to it. Or an ok from them for me to nave it replace on my own.
Just in case it helps.
The wood fence goes in 8 feet sections. If they agree to share the cost, 8 feet will be facing their property and 8 feet mine. If not. The entire fence will be facing my property. If both sides agree. We'll have a $300.00 discount to split 3 ways. If only one agrees. I'll get 200 discount on the total job. And the one neighbor that agreed will get 100$ discount.
The totals for the fences are like this:
The fence to the south is 92 feet and cost $1,700.00. Before taxes.
The one to the north is 71 feet and cost $1,300.00. Before taxes. Out of this one only 63 feet are to be shared the other 8 feet are all mine. So the community fence is only 63 feet witch cost $1,200.00.
Again.
$1,700.00 South side divided in 2 = $850.00 each minus the discount of $100.00 each for having the other side done. making it $750.00 before taxes. For them and $750 for me.
$1,200.00 North side divided in 2 = $600.00 each. Minus their $100.00 discount makes it $500.00 for them and 600.00 for me. Before taxes.

Totals before discounts and taxes
North side
$1,700.00

South side
$1,200.00
----------------
For a job total of $2,900.00
Minus a total discount of $300.00
----------------
Giving a job total of $2,600.00

Anything over this is my expense. Since it will be things like the doors or gates.


I hope I made sense to you.
All help greatly appreciated.

Thank you

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by In2Ndo:
Hi )
Could someone please help me word this?
I'm going to be replacing the wood fence around my back yard and need to ask my neighbors if they want to go half's on it. So I need to write an agreement. If they agree to it. Or an ok from them for me to nave it replace on my own.
Just in case it helps.
The wood fence goes in 8 feet sections. If they agree to share the cost, 8 feet will be facing their property and 8 feet mine. If not. The entire fence will be facing my property. If both sides agree. We'll have a $300.00 discount to split 3 ways. If only one agrees. I'll get 200 discount on the total job. And the one neighbor that agreed will get 100$ discount.
The totals for the fences are like this:
The fence to the south is 92 feet and cost $1,700.00. Before taxes.
The one to the north is 71 feet and cost $1,300.00. Before taxes. Out of this one only 63 feet are to be shared the other 8 feet are all mine. So the community fence is only 63 feet witch cost $1,200.00.
Again.
$1,700.00 South side divided in 2 = $850.00 each minus the discount of $100.00 each for having the other side done. making it $750.00 before taxes. For them and $750 for me.
$1,200.00 North side divided in 2 = $600.00 each. Minus their $100.00 discount makes it $500.00 for them and 600.00 for me. Before taxes.

Totals before discounts and taxes
North side
$1,700.00

South side
$1,200.00
----------------
For a job total of $2,900.00
Minus a total discount of $300.00
----------------
Giving a job total of $2,600.00

Anything over this is my expense. Since it will be things like the doors or gates.


I hope I made sense to you.
All help greatly appreciated.

Thank you

<HR></BLOCKQUOTE>

My response:

Assisting you in "writing a contract" goes beyond the limits of this bulletin board; you must see your own attorney for such writing. However, we can tell you what the law mandates and, as an example:

CALIFORNIA CIVIL CODE:

840. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.

841.4. Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or
maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Any owner or occupant of
adjoining property injured either in his comfort or the enjoyment of his estate by such nuisance may enforce the remedies against its continuance prescribed in Title 3, Part 3, Division 4 of this code.


Check with an attorney for the specific laws in your neck of the woods.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[In2Ndo]

Hi
Thanks for the response. But I'm not relly triying to do a contract. I think I just didn't word it correctly. is more of an informal information letter to them. leting them know what it will cost and how the fence is going to be facing all to my property if they deside not to go in it. Just to have something in paper that I did contact them, asked them and informed them of my intentions. and that they could have a choice in how the fence is going to go. If they don't want to go in it, that's fine with me. but I don't want them to turn around later and say that I didn't asked them.

Thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by In2Ndo:
Hi
Thanks for the response. But I'm not relly triying to do a contract. I think I just didn't word it correctly. is more of an informal information letter to them. leting them know what it will cost and how the fence is going to be facing all to my property if they deside not to go in it. Just to have something in paper that I did contact them, asked them and informed them of my intentions. and that they could have a choice in how the fence is going to go. If they don't want to go in it, that's fine with me. but I don't want them to turn around later and say that I didn't asked them.

Thanks<HR></BLOCKQUOTE>

My response:

Okay. Then here's a "starter" letter. Just massage it by putting in all of the info you stated above. However, before you read it, you've got to put up with my tomfoolery first:

10 Stupid Reasons to build a Fence!

10. You are ashamed of the laundry you hang in your yard.

9. You have a pet that you want to keep inside your yard.

8. Your neighbors have a pet but they are too cheap to build a fence.

7. You are housing a nuclear waste dump and it was a requirement.

6. You are growing an illegal drug-producing plant and you want to keep it a secret.

5. You live on international boundaries and you want to keep the foreigners out!

4. The supplies were on sale.

3. You hate your neighbors and you want to avoid contact with them.

2. Your inlaws are coming over, and you needed something to keep you busy.

And, the number one stupid reason to build a fence . . .

1. You raise monkeys and want to see if they are capable of painting it.

Now that you're done laughing uncontrollably, here's the letter:

"Dear Neighbor:

I propose to erect a dividing fence on the boundary line between our properties. I propose to erect a 1.8 metre fence in wood fencing. I have obtained a quote from AB Fencing contractors for $400.00. Your share will be $200.00. Please let me know within 21 days whether you agree with this proposal."

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."