!Two men leaning over a fence to have a conversation and a jar full of dollars
A frequent source of neighbor disputes is when one neighbor wants to replace an entire fence, including portions straddling their two properties, and share the expense; while the other neighbor has no interest in the project. The latter neighbor might have a perfectly reasonable justification. Perhaps the fence doesn't need repair. It might be that the neighbor wanting the change has a new aesthetic vision for their garden, or wants to have all three sides of their fence match. How can such contradictory sets of wishes be resolved?
In This Article
What the Law Says About Repairs and Costs for Shared Fences
A fence on a property line is legally known as a "boundary fence" when used by both owners. Both neighbors are normally responsible for keeping the fence in good repair. However, that does not mean having to pay up every time one owner wants to swap the fence for a different style. But knowing that the law is on your side in a case where repairs aren't necessary is only the first step.
Negotiating With Your Neighbor About the Fence Plans
You will likely need to initiate a deeper conversation than your neighbor was aiming for. Your initial leverage is that there is no requirement that you contribute financially to pay whatever share your neighbor is proposing or demanding, given that this is not a repair situation.
You need not take a hostile tone, at least to begin. You might say something like, “I would be glad to contribute a one-third share. But since I would like all three sides of my fence to match, and your plans will mean they no longer do, let’s try to find a style that will work for both of us.”
In the course of your conversations, also make clear that you'd like details about the proposed new fence: its source, variety of wood, prospective installer, and so on. Your neighbor might not be taking into account that an older, well-built fence will actually last longer than one that possibly looks cute on some website, but is actually made of flimsy materials.
Offering to give the matter some serious thought will help show that you’re not unreasonable or unwilling to contribute, but you’re also not a pushover. You have no intention of having a non-matching, possibly lower-quality fence on your property and paying for the privilege!
Get Your HOA Involved, If You Live in a Planned Community
Also consider getting in touch with your neighborhood or homeowners' association (HOA), if you live in a planned community or common interest development (CID) that is governed by one. Many neighborhood associations, particularly in small suburban communities, have regulations regarding the design of common elements like fences. Their aim is to maintain an aesthetic uniformity from house to house, so that, for instance, a chain-link fence isn't followed by a white picket fence and then followed by a post-and-rail wooden fence.
Perhaps your neighborhood association has a number of styles from which you and your neighbor can choose.
Building Two Fences Back to Back Can Be a Last Resort
If the above approaches do not work, your fallback option is to refuse to pay anything, and then add a new panel on your own property that matches your initial two, such that there would be two fence panels between your home and your neighbor’s. This is not uncommon in suburban areas. But it is also highly inefficient, and will cost both of you more than simply agreeing on a fence design. It is in both of your interests to find an aesthetic that you agree on, and share part of the cost.