by Kris Reid  October 1, 2006 8:15 am
Smash Repairs
Lynda G asked:

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  1. by Sunshine79 October 2, 2006 at 12:15 pm

    I am not sure what state you are in or what the laws are. However, if the fence is on your property then you would be legally responsible. Assuming you have discussed with the your neighbor and he/she refuses to pay all or part of the expense, then your only option would be to go to Magistrate’s court. If the fence divides both properties jointly, it would be the responsibility for both parties to share the expense. I am also assuming you have no Home Owners Association to assist you with this problem. I would hate to see you have to sue a neighbor but I would not continue to put up fences on my property to have the neighbors tear down. Good Luck

  2. by b w October 5, 2006 at 3:59 am

    It of course depends on whose fence it is. If it is yours, putting it back up is up to you. If it theirs then the responsibility is theirs. For replacement it is possible that your or your neighbor’s home onwners insurance may help pay for a replacement. You may want to talk with your neighbor about the dog and child that have smashed the fence previously, so that what you put up will not be destroyed as soon as you put it there. Good fences sometimes do make good neighbors so you may want to put something up. For privacy you may want a board fence, and I would invest in a strong one, for separation you could put up a tall chain link, they tend to be more indestructible than wood, and you could grow vines or roses on it, something to make it more attractive and provide some privacy. You know children aren’t intentionally destructive usually and dogs, unless they are diggers don’t usually cause much fence damage. If you plant something hardy maybe with thorns you will keep the child and dog off the fence and maybe get some attractive plantings. There are also hedges you could plant but that won’t afford you much separation and dogs do go through them. So maybe a more cordial relation ship would help you the most, flies and honey go better than flies and vinegar. Good luck to you.

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