How the fence would have looked from the homeowner's side.
A recreated scenario included to enhance reader understanding.
The cost of replacement was to be $5,000 all up. The homeowners agreed to the cost, but they were away for the actual installation and returned home to find that the original "Good Neighbor" alternating design had been replaced with a fence that, instead, ran the entire length with the framing on the homeowner's side.
Now, it's possible that something just got overlooked and neither the neighbor nor the builder thought twice about it, and it's not like the homeowner had explicitly stated that they wanted the same fence design to be kept in place. So it's very likely that, without explicit instruction, the builder just whizzed through the build in what was easiest for them to mindlessly complete, and the neighbor was none-the-wiser.
But the homeowners think that the neighbor had a clear goal here: Get a fence built that would help them sell their house, and get these homeowners, who were on the other side of the boundary, to pay for half of it. The problem is the fence was clearly built with the intention of making their property look good by hiding all of the ugly framing of the fence on the other side.
This homeowner shared their story with this online community where homeowners can share their boundary disputes with their neighbors, among other issues, and ask them for their advice. They want to know whether or not they can get out of footing their half of the bill on the grounds of their problem with how the fence was built. See their account of events below, along with some of the responses they received.
Agreed to go 50/50 with neighbor to replace fence between our homes
LOCATION: Las Vegas, NV
Three months ago, we agreed to go in 50/50 with our nextdoor neighbor for a new fence on the property line between our houses to replace an old fence that was falling down.
The fence we've had between us for several years is a 6-ft wooden picket fence, finished in the Good Neighbor style with pickets alternating sides of the fence on every other section of framing.
Many of the posts were nearly rotted through. The fence has been falling down (into their yard!) for many years. We've asked them many times to go in halves with us to replace it. I hired a fence company three years ago to replace the other two sides of our fence that we share with the other two neighbors without any issues. I had Good Neighbor fences built, and we all chipped in as agreed- not one problem. But, these neighbors kept insisting that the fence was fine and that it didn't bother them. They kept refusing to share the cost with us so I never replaced that section.
An example of an alternating section "Good Neighbor" fence. This would extend down the length of the fence along the boundary.
Scene shown is a visual representation.
Their sudden interest in a new fence now is because they have their house for sale and HAVE TO replace the fence to be able to complete a sale.
They called in a fence company and presented us with a quote for the job. $5,000 for the 85-foot section of fence between our houses. So, we'd each pay $2,500. It was fair enough. We accepted.
They paid the deposit to the fence company. And, we were supposed to pay the second half upon satisfactory completion of the job.
The fence was finally replaced last week. The day the fence was being torn down and replaced, the neighbors were at home. We were away from home at work for the day. But, the fence company had our permission and full access to our yard to do their work. We came home that night to find the job was done... with ALL the pickets installed on their side of the fence! Our side has the framing--all the posts and rails. It's definitely not done as a Good Neighbor fence. And that side of the fence no longer matches the style of the rest of our fence!
We are livid.
And, I am at a loss.
A depiction of how the new fence would have looked from the homeowner's side with all the framing showing toward their property.
Image for illustrative purposes.
And, of course, they have been bugging us to pay the bill (text messages, phone calls, and voicemails) because the quote is in their name. They tell us that the fence company has been contacting them, asking for the rest of the payment. And, I'm sure there is the worry of a Mechanics Lien being put on their house, too.
But, there's no way I am paying the full $2,500.
Part of me says to pay $1,250. Part of me says to pay ZERO.
A friend told me, "They ordered the fence they wanted, expecting to stick you with half of the bill. Let them pay for THEIR fence themselves." And, that actually makes sense to me.
I'm not trying to get out of a bill. I had been trying to replace this fence with them for more than three years. I would have happily paid if they had it rebuilt in the original style. But, now, this.
I would guess that if I pay less than the $2,500, they will sue us.
What's likely to happen if we go to court?
The neighbor building the fence.
Representative only.
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