I'm in a bit of a quandary regarding a fence repair situation. My home backs up to a residential senior care facility, and during a storm back in December, a significant portion of our shared rear fence collapsed. We intended to get quotes and possibly discuss sharing the repair costs with the facility once the weather was better. But unexpectedly, they fixed the fence without consulting us at all. Now, four months later, the owner of the facility and my next-door neighbor approached me asking for half the cost of the fence they built. The problems are that the new fence design isn't what I would have chosen (it's not tongue-and-groove and has gaps), and we didn't get the chance to file a claim with our insurance for coverage. I'm unsure of my legal obligations here, but I feel hesitant to pay 50% for something I didn't have any input on. What should I do in this situation?
3 Answers
From what you're saying, if it’s their fence, you're not obligated to pay anything, even if you benefit a bit from it. They might have assumed you’d be on board since you share the space, but that’s not how it works. If they manage to make you reimburse them after this, they won't have any moral ground to stand on. Also, check if local laws support you; sometimes, residential facilities have stricter maintenance rules regarding shared fences.
You’re under no obligation to pay! Just tell them no, and if they push, refer to any local laws about fence ownership. I mean, did they even do this properly? If the fence is on their property line, that’s their risk. Stick to your guns!
There's no way you should be paying for half of a fence you didn’t agree to. They went ahead and fixed it without even asking for your input, so that's on them. You’re not legally required to fork over any cash. Just explain your side and stand your ground; this is really about their misunderstanding not yours.
Totally agree! It’d be different if they had contacted you first to discuss the repair and costs. They messed up by proceeding without your consent.