Fence needs to be replaced

[Rick Bradd]

Backyard block wall is ready to be replaced, large gaps showing due to earth movement. In this part of the country the fences are mostly 4' block wall, my property is on a slight hill and backs up to a neighbor behind, who is lower. I told him about a year ago that we would need to replace it soon and I felt he should pay for half the cost, he said he can not afford it right now, but he propped up some 4X4's on his side of the fence in a feeble attempt to delay the inevitable. Anyway, its time to face this again, its not getting any better, but I would like to know a few things first.

First question is this, since we share a fence and it needs to be replaced before it falls down, are we both responsible for the cost? I am trying to be a good neighbor, but the first estimate was for 6K, so its a good bit of money. I will get more estimates of course. The neighbor is probably in way worse shape than me, because the shape of his Big Backyard has three other neighbors butting up against it, so my 25 foot section is one third the total fence he is looking at. A quick inspection shows all three us us are creeping into his backyard.

Second, does the city usually have codes where we have to replace the fence with the same block wall? Or can we demo and put up a wood fence? Might look goofy because the two side walls and one small section on the back are block, but hey, 6k is a lot of money. I am sure I could call the city and find out, but I thought sine I am here asking anyway...........

Thanks in advance for any advise, I love this site.
Rick

[Jon Holdman]

You'll need to call the city and find out about what sort of fences are allowed. Just call the building department and ask. No biggie.

Yes, in theory you should share the cost. However, you have no way to make him pay. If he doesn't want to pay, and you want the wall done, you're going to have to pay. Now, perhaps code enforcement could do something if the wall is a hazard. Or the HOA if you have one and it requires the walls be there and well maintained. But you force a $3000 bill on your neighbor and you can bet there's going to be a price to pay.