My neighbour won't split
6 neighbours in a 40-year-old subdivision with original fences agreed to replace their broken, leaning fences, and one neighbour refused. Just like that, half of a block in an upscale, mature neighbourhood has an eyesore in every backyard. Before flipping off your neighbour and creating enemies, consider diplomacy.
Understanding why neighbours don’t want to replace old fences
As full time post and fence installers, we encounter these situations multiple times every season. The main reason for not wanting to replace a fence is, of course, money. The other common reasons are not being able to agree on the property line, style of new fence, or choice of contractor.
Can I force my neighbour to pay for half of the fence?
The official answer is sometimes technically yes; in practice, most of the time, no. Shared fence issues are governed by municipal by-laws. Usually, you can find this information by searching for “fence by-laws (name of your city)” in google. Some municipalities require a neighbor to pay for half of the cost of the least expensive fence option if a fence has to be replaced; however, this is usually a 4’ tall chain link fence, which is a small fraction of the cost of a solid wooden fence. To add to the frustration, enforcing this by-law is generally more hassle than it is worth. Many municipalities do not have by-laws requiring a neighbour to contribute to shared fence costs at all.
So what should I do?
Let’s explore these issues one by one.
1. Money
Property values have increased at record rates in recent history; unfortunately, so has the cost of living. While it may not show, many neighbours are struggling financially, and putting food on the table is just more important than building a new fence. From experience, the best approach here is to plan ahead and tell your neighbour about the plan to replace the fence early. Most people are reasonable, and if you let them know that the fence looks like it will need to be replaced next year, they can start planning for the expense. If you tell our neighbour you’re replacing the fence next week and you need $10,000 for their half, you’re more likely to get the middle finger.
2. Property lines
This one is easy! If you have the original builder site plan, your fence contractor should be able to determine the property line for you, otherwise, you can go to your city hall and ask for a survey of your property. If these options fail, contact a local land surveyor; for a small cost, you can have a 3rd party determine the property line and prevent future problems.
3. Style of new fence
Usually, the style of a new fence is tied to price. Check out our blog on 4×4 vs 6×6 posts to see when saving money is the better choice! If the choice is purely aesthetic based, your contractor should be able to provide you with examples of their previous work to help you and your neighbour choose a style you’re both happy with.
4. Choice of contractor
This is usually an easy choice as well. Always get multiple quotes for your new fence. We also recommend showing all the contractors the quotes from the other contractors to make sure that you’re being quoted for the same items! Lastly, check the google reviews of your contractors to make sure they are reputable and have the credibility you can trust
