Who Pays for Fence Repair and Maintenance?
In a previous post, we discussed how state laws, local ordinances, and HOA CC&Rs can all come into play regarding your duties to establish, maintain and repair fences on your property, as well as what types of fences you can and can’t have. Unless you live in an isolated rural area, chances are you share at least one fence, and maybe two or three, with an adjoining property owner. When it comes time to repair or replace a shared fence, who pays? That’s the topic we’ll address in this post. And all without making one pun about this being a fence post about fence posts.
Cost Sharing Repair and Maintenance
If you see that your shared fence needs to be repaired or replaced, the ideal solution would be to approach your neighbor and make friendly arrangements about how the work will be done and how the cost will be shared before the work ever gets started. Not only will you know that the costs are covered, but you will have an understanding about who will do the work and the materials used, etc., so neither party is surprised later that the jagged tops of the stockade fence are now planked or rounded, or that the beautiful cedar has been replaced with durable vinyl. If you and/or your neighbor are handy with tools and minor home maintenance, you can save a bundle with a DYI project while still agreeing to share costs, if not labor. HomeAdvisor offers a comprehensive page on the costs involved in different types of fence repair and can also put you in touch with a professional to help you with your repair.
Another option might be simply to perform the work (or hire it out) and then present your neighbor with a bill for their half of the cost. After all, the fence is half theirs, right? While technically true, this approach certainly has greater potential to cause a dispute than the pre-repair friendly arrangement option. If a dispute does arise that cannot be resolved between the two of you, you may find yourself heading to small claims court or another civil court depending upon the cost of the job. Trying mediation first may be a quicker, cheaper and more effective way to resolve your dispute, and leave your relationship with your neighbor on relatively peaceable terms, which is not always the case after property boundary litigation.
If you are building a brand new fence where one did not previously exist, typically the rule is that the person who built the fence (or had it built) owns the fence and is responsible for its costs and maintenance. This is the case unless the neighbor “uses” the fence as defined by your applicable local or state law. This might include using the land all the way up to the fence, attaching another fence to the fence, or if the entire property is enclosed by the attachment of other fencing.
Maintaining Fences is Important for Premises Liability
Fences are important to secure your property from trespassers and home invaders, but there are people who may need access to your property for your own purposes or as part of their job, such as meter readers and lawn workers. Anyone accessing your property could be injured by a fence or gate in disrepair, including the risk of a trip and fall on broken fencing or empty post holes, or getting a cut and possible tetanus infection on a broken latch or protruding rusty nail. New York personal injury attorney Leandros A. Vrionedes explains, “As a property owner, you owe a duty to keep your property reasonably safe for people on the premises. This duty may include promptly repairing any unsafe condition which you know about, or posting a warning about any hazard which is not open and obvious. The precise nature of your duty depends upon the premises liability laws in your state or local jurisdiction. Some jurisdictions distinguish among different classes of people who may be on your property – such as invitees, licensees and trespassers – with different duties owed to different groups of people. Some states have abolished such distinctions, however, and impose the same general duty of reasonable care toward all persons lawfully on the property, with lesser duties owed to trespassers in some instances.”
So now you’re an expert on boundary fences and know what you need to know before building, repairing or replacing a fence that is all your own or shared with a neighbor. Swimming pool fences, however, are another topic entirely, and one we’ll have to save for another day.
