Would you pay to fix the neighboring properties fence?

Would you pay to fix the neighboring properties fence?

Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes

Tenant complained that the fence blew down. I look at it and it's the neighbors fence and I explain that to them. I try to track down the landlord of the neighboring house to offer him half of the cost of the fence, work my contractor would do. I can't get a hold of him via phone, email, etc. I have a business address for him but have not visited him, he may be a convicted felon and you never know how these things would go, he might try to accuse me of something. I may just send him certified mail to cover myself.

It's about 1K to repair that section of wooden fence, a fair amount (28%) of my reserves I've set aside from rents for this property in the 18 months I've owned it. I have others and pool all of the money together and hardly ever have to use it so the total fund for all the properties is quite large, tens of thousands. This won't break the bank. So what's the issue?

My issue is that I don't want to have to be responsible for the neighbors fence. Not just this guy but the other neighbor getting word that if their fence blows down, I will foot the bill for that too by setting this precedent. If I end up having to replace just this one guys entire section of fence at one point it would cost 6K+. If I pay the 1K now, I've already set the precedent for next time and other neighbors.

I don't want to foot the entire bill out of my own budget while he pays nothing. Then on the other hand to some extent I want to keep the tenant happy, but they have some unreasonable requests IMO so I won't care too much if they move on. I don't think I'd have an issue renting the place out again since it's just a relatively small section of wooden fence on the side of the house.

What would you do?

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Member since 2016 · 13k+ posts · 12k+ votes
7y

@Jack B.

"-It is confirmed the neighbors fence"

Sorry that was my fingers saying something I was not thinking...I meant neighbours fence. As @Ned J. points out fences are usually on property line so was uncertain how you determined it was the neighbours fence without speaking to the owner. Regardless it is irrelevant at this time.

You say you have tried to contact the owner but have not been successful. If you have not reach him then how is it you state you are offering to pay half. My guess is you are willing to pay half not "offering to pay half".

I have read your post numerous times and apparently you read my post but failed to understand. My advice, if you wish to read it  remains the same....

Until you contact the owner you do nothing. Until you contact him you are over thinking the situation. Either he repairs it himself or you share the cost. If he does not want to replace it then you decide if you want to put up a fence of your own.

Nothing could be simpler, you make decisions as you receive information.

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  • Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
    7y

    @Jack B., neighbor's fence, neighbor's bill. Especially, since it's a rental. You might need to get the town or lawyer involved, even if just to get his attention. He may not know that it blew down.

    Regarding the tenant, you may want to just not renew their lease or better yet, jack the rent way up. Make them worth your time or get them to move on.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    Tell the tenant its the neighbors fence , nothing you can do .  

  • Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    That's kind of what I was thinking. I don't want to pay thousands of dollars for each neighbors fence just because they are slum lords, mean while they are super profitable  because I'm taking care of that big expense for them.

  • Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    Alternatively I could pay the 1K bill and then raise the tenants rent to cover it. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Why do you believe it is the tenants fence. Is it on the property line or not.

    Until you contact the owner you do nothing. Until you contact him you are over thinking the situation. Either he repairs it himself or you share the cost. If he does not want to replace it then you decide if you want to put up a fence of your own.

  • Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Thomas S.:

    Why do you believe it is the tenants fence. Is it on the property line or not.

    Until you contact the owner you do nothing. Until you contact him you are over thinking the situation. Either he repairs it himself or you share the cost. If he does not want to replace it then you decide if you want to put up a fence of your own.

     Did you even read my post???

    If you did you would know that:

    -It is confirmed the neighbors fence (not "tenants" like you say...).

    -That I've tried to contact the owner repeatedly as I mentioned.

    -That I'm offering  him half the cost of the fence to repair it since we both benefit from it, as an incentive to get him to do it since it will only cost half as much to him.

    Your post makes it pretty obvious you read nothing but the title and responded asking about things that have already been explained had you read my post before responding. 

  • Rental Property Investor · Birmingham, MI · Member since 2016 · 60 posts · 71 votes
    7y

    Don't offer anything and contact the municipality. They will try to reach the owner and if they don't get in contact they will most likely remove it and bill the owner. Most areas have blight ordinances or even better if you can prove it is a safety issue.

  • Member since 2018 · 19 posts · 21 votes
    7y

    As Douglas said prior just call your local municipality. Since it's not your fence and the cost is high to fix it I would tell your tenant that there is nothing you can do right now.

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    @Jack B....slow the role ....

    I'm confused too on how you are determining who "owns" the fence.

    If its a fence that separates one property from the other...on the property line....., its really joint owned....you are both 50% responsible for the cost to replace. Now if you cant get a hold of the other owner or they straight up refuse to pay, then you have to decide if you want to pay the entire bill or not....your choice. I'm assuming this is the situation, but your wording makes it sound like the other guys owns it all.....

    If this fence is really truly owner by the other land owner, then its not any % your responsibility and legally you cant do anything to it at all..... you can construct a new fence on your property line but you cant legally do anything about the other guys fence. If its the "neighbors fence", you cant do anything...

    So before you bite people heads off, clarify what you mean by "the neighbors fence"..... if its separates your two properties and is on the property line, it belongs to both of you

  • Rental Property Investor · Hollis, NH · Member since 2018 · 108 posts · 36 votes
    7y

    I'd....

    1. Contact the town to see if something can be done in this manner.

    2. Plant a nice big bush in front of the busted section of fence (assuming there is room).

    3. Place a reasonably priced shed in front of the busted section of fence (again assuming there is room) and offer it as storage to tenants (with a fee). 

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    @Jack B.

    "-It is confirmed the neighbors fence"

    Sorry that was my fingers saying something I was not thinking...I meant neighbours fence. As @Ned J. points out fences are usually on property line so was uncertain how you determined it was the neighbours fence without speaking to the owner. Regardless it is irrelevant at this time.

    You say you have tried to contact the owner but have not been successful. If you have not reach him then how is it you state you are offering to pay half. My guess is you are willing to pay half not "offering to pay half".

    I have read your post numerous times and apparently you read my post but failed to understand. My advice, if you wish to read it  remains the same....

    Until you contact the owner you do nothing. Until you contact him you are over thinking the situation. Either he repairs it himself or you share the cost. If he does not want to replace it then you decide if you want to put up a fence of your own.

    Nothing could be simpler, you make decisions as you receive information.

  • Lewisville, TX · Member since 2015 · 341 posts · 264 votes
    7y

    @Thomas S.

    I got screwed on several fences with neighbors. Most shady neighbors just hide & try to avoid the expense. It sucks & I even served on my HOA board. Glad I sold all my rentals & got into syndications!

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    7y

    If it was a standard privacy fence tell your tenant that he is better off. The fence would provide a hiding spot for burglars. Without the fence, the property is safer and more defensible against the coming zombie hoards. ;) 

  • Real Estate Agent · Oakland, CA · Member since 2018 · 54 posts · 42 votes
    7y

    How do you tell who fence is it? Is it on the property line? 

    How did the neighbor landlord response to your offer? Did they refuse or just ignore you?

    In one of my property, the fence is share ownership even though it is off the property line a bit. 

    I work out a deal to fix the fence that got damaged by his dog. Sometimes, you can pay a bit extra for the cost to get done quicker and fewer headaches. 

  • Rental Property Investor · Lancaster, CA · Member since 2015 · 103 posts · 55 votes
    7y

    If you have the money to fix it and you have good tenants you want to keep happy then bite the bullet and repair the fence yourself. You can still try to get the other landlord to pay his share. If not and he refuses, then it's the cost of doing business. If you repair the fence yourself at least you have a tax write off as a repair. 

  • Real Estate Investor · Unionville, CT · Member since 2016 · 260 posts · 167 votes
    7y

    @Jack B. I bought a house that had a fence panel down from the neighbors fence. I didn’t think anything of it until my insurance company told me that they wouldn’t renew my policy unless it was fixed. They must have done a drive by or checked the property via satellite. I repaired it and moved on. Granted it was only 1 fence panel and cost me $50 to have my handyman fix it.

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y
    Originally posted by @Ned J.:

    @Jack B....slow the role ....

    I'm confused too on how you are determining who "owns" the fence.

    If its a fence that separates one property from the other...on the property line....., its really joint owned....you are both 50% responsible for the cost to replace. Now if you cant get a hold of the other owner or they straight up refuse to pay, then you have to decide if you want to pay the entire bill or not....your choice. I'm assuming this is the situation, but your wording makes it sound like the other guys owns it all.....

    If this fence is really truly owner by the other land owner, then its not any % your responsibility and legally you cant do anything to it at all..... you can construct a new fence on your property line but you cant legally do anything about the other guys fence. If its the "neighbors fence", you cant do anything...

    So before you bite people heads off, clarify what you mean by "the neighbors fence"..... if its separates your two properties and is on the property line, it belongs to both of you

    It may be different in other parts of the country, but in many places you cannot put a fence on the property line. In some places 4-6" set back is required. In my city it must be on your property, but can be right up to the line. If the fence is on your property, you own it. If your neighbor installs it on your property, you can ask them to remove it. This is also tracked by permits in most areas, so as a matter of record you can see who owns it. 

    I had a property where a section of fence blew down and the neighbor called me to share cost. The property survey when I purchased showed the fence was on his property by a few inches. Permits on record show the fence was permitted to his property. The fence on my side was the same as what surrounded his entire property. It was 100% clear it was his fence. He argued that I enjoyed the fence, so should share the cost. I told him to go pound sand. If I am going to pay for a fence, it will be 100% mine and on my property. I don't pay maintenance for fences on other peoples property.

    By law in my area and others, you own what is on your property unless there is an easement. So even if my neighbor accidentally put their driveway on my property by two feet, I could legally remove it if there was no easement. Even tree branches in most places are owned based on where they reside in the air or where they fall on the ground.

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y
    Originally posted by @Julie N.:

    @Jack B. I bought a house that had a fence panel down from the neighbors fence. I didn’t think anything of it until my insurance company told me that they wouldn’t renew my policy unless it was fixed. They must have done a drive by or checked the property via satellite. I repaired it and moved on. Granted it was only 1 fence panel and cost me $50 to have my handyman fix it.

    Agree. I have had a handyman put in new posts for one panel and it cost $150 per post. More than you paid, but still putting back up one panel shouldn't cost more than $500 even with panel repair or replace. The other question is overall condition of the fence. When one panel falls, sometimes others are not far behind. 

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    Do you need a fence? Do you need to replace it? Maybe you can just get rid of it.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    I recently refused to split a property line barrier (a block wall).  I did not want the wall. He still built it but he had to put it a few inches off the property line.  The way I see it is your option is to offer to split the fence, ask him to remove it (no fence), or replace it yourself.  Even if you call the town they may only request remove or repair and many places they won't intervene.  If there is a pool you can file a complaint and there in my experience there will be enforcement.  I would tell the tenant it is the neighbors fence, make sure it fell on his property.  If you really want a fence there the radio silence tells me you will need to pay for it. 

  • Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Ned J.:

    @Jack B....slow the role ....

    I'm confused too on how you are determining who "owns" the fence.

    If its a fence that separates one property from the other...on the property line....., its really joint owned....you are both 50% responsible for the cost to replace. Now if you cant get a hold of the other owner or they straight up refuse to pay, then you have to decide if you want to pay the entire bill or not....your choice. I'm assuming this is the situation, but your wording makes it sound like the other guys owns it all.....

    If this fence is really truly owner by the other land owner, then its not any % your responsibility and legally you cant do anything to it at all..... you can construct a new fence on your property line but you cant legally do anything about the other guys fence. If its the "neighbors fence", you cant do anything...

    So before you bite people heads off, clarify what you mean by "the neighbors fence"..... if its separates your two properties and is on the property line, it belongs to both of you

     
    LOL, boy are you special....let me break it down for you so YOU can understand as reading comprehension and critical thinking are obviously not your strong suits.

    First off: the guy clearly didn't read the post, if he did, he would have noted that I included that information IN the post. Second, I don't answer to you GOT IT BUD????? When people can't read before they respond, then get condescending with me asking for information I already provided, I'm going to call them out on it. It's not biting their head off, that's your subjective opinion. I merely stated FACTS. Look it up in a dictionary. People like Thomas are just wasting peoples time. Hence why I got up voted for my response, or did you miss that too because you struggle with basic things????

    Second, the question at hand is would you pay to replace the neighbors fence. It's in the title. READ IT. Try to follow along like an adult. GOT IT???? I'm not asking for how I tell who's fence that is. That's rather obvious. The posts are on his side. It's not "co-owned", that's your made up term based on no facts bud. There is no such thing unless we both pay for the fence. Look it up and EDUCATE yourself. The question is would you pay to replace the neighbors fence. I don't need to break it down for you like a fifth grader.

    Third, if YOU had actually bothered to READ the post, you would note that I said I have offered to pay for half the cost of the fence. You would also understand that I said that if he doesn't agree to pay half the cost since we both benefit from the fence, I am hesitant to pay for the entire cost of that section of the fence, which is 1K to repair. 

    Learn how to read before you try to attack people so you don't look a fool and waste peoples time.

    Again, show me how this response to a guy who didn't even read the post and responded, thus wasting my time answering questions I already had included in my post, is "biting his head off"???????????????????????????????????????????????????????????????????????? Again, that's your subjective opinion, and it's no surprise you came to that conclusion, as you yourself didn't seem to bother to read the post. Had you, you would know the answers to the questions YOU were asking!!!! TIME WASTER!!! I know some of you hard of reading folks seem to get upset when people point out that you missed what was already posted, but that's not my problem. GO TO COLLEGE. If you went already get your money back. If you read my below response, you will see all I stated was facts. If you have a special thing for people who can't read or are lazy, which you clearly are one of, then write it in your journal instead of wasting MORE of my time and other peoples time.

    Did you even read my post???

    If you did you would know that:

    -It is confirmed the neighbors fence (not "tenants" like you say...).

    -That I've tried to contact the owner repeatedly as I mentioned.

    -That I'm offering him half the cost of the fence to repair it since we both benefit from it, as an incentive to get him to do it since it will only cost half as much to him.

    Your post makes it pretty obvious you read nothing but the title and responded asking about things that have already been explained had you read my post before responding. 

  • Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Thomas S.:

    @Jack B.

    "-It is confirmed the neighbors fence"

    Sorry that was my fingers saying something I was not thinking...I meant neighbours fence. As @Ned J. points out fences are usually on property line so was uncertain how you determined it was the neighbours fence without speaking to the owner. Regardless it is irrelevant at this time.

    You say you have tried to contact the owner but have not been successful. If you have not reach him then how is it you state you are offering to pay half. My guess is you are willing to pay half not "offering to pay half".

    Dude, I already said in my first post, the first few sentences:

    I can't get a hold of him via phone, email, etc.

    Do you REALLY need me to break down for you HOW I contacted him AGAIN when I already said that? Or is that just your way of trying to save face for not reading that I had already said that I had contacted him when you said I should contact him??????? Do you read much????

    Man BP has become a HUGE waste of time. So far I've had to explain to you that I've already contacted him, and your response is that if I have not been able to reach him how is it possible that I offered him to pay half?? And here I am AGAIN posting the sentence from my first post for you explaining specifically HOW I contacted him!!!!!!!!!!!!!!!!!!!!!!!And that somehow you think that I must only be willing to pay half since you don't understand HOW I contacted him????? My God....

    Such a simple question: would you pay to replace the neighbors fence, and instead I feel like I'm teaching a second grade class on basic reading comprehension and critical thinking, explaining the same basic things over and over again to you and ONE other guy. Everyone else gets it except you two for God's sake. Biggerpockets has become a freaking JOKE.

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    @Ned J.

    Mr. Jack certainly put us in our place.

    "Man BP has become a HUGE waste of time." ......... Hopefully this will be that last post from him.

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    @Thomas S.

    My feelings are so hurt .... 

    starting to see why the other guy isn’t calling him back :)

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