Who is reponsible for the cost of a fence?

UPDATED: Jul 15, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is reponsible for the cost of a fence?

I just built a home in a newer neighborhood. The lots on either side were already established for a couple of years. 1 of my neighbors had established a fence around his yard, while the other had not. I spoke with the neighbor who had the existing fence, and he told me to attach my new fence to his existing fence. After completing my new fence he came over with a bill, asking me to pay for 1/2 of his more then 2 year old existing fence. After telling him that this did not seem reasonable, he told me that the fence is on his property, and that I would have to now move my fence.

Asked on July 15, 2010 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

An agreement to allow you to attach your fence to a neighbor's fence is enforceable; if there was such an agreement, then the neighbor could not claim that your fence is on his property, since he invited or allowed it to be. However, if you do not have a written agreement, then if your neighbor now disputes what was said, it may be very difficult, and potentially expensive (if it goes to litigation) to establish the terms of the agreement. On the face it, a neighbor can ask someone to move a fence which was placed on the neighbor's property; the onus would be on you to show that you had his permission. If you do not feel you have good evidence to do that or do not want would could be a draining "fight" with a neighbor, you should probably try to work something mutually acceptable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption