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    Real Estate
    Tuesday, April 23, 2024

    Should a neighbor pay for damaging your fence?

    As the old saying goes, good fences make good neighbors. But if a neighbor's actions wind up damaging a fence, you might end up in an unpleasant quarrel over the repairs.

    It doesn't help that fence issues can often be extremely complicated. The roots from a tree on your neighbor's property might start to push up on the fence, or a branch might fall and damage it. Other damage can be caused by lawn mowers, hanging wet materials on the fence, or even a rowdy dog.

    A-1 Fence Company of Mequon, Wisconsin, says the ownership of some fences is shared between the two properties. The legal website Nolo says that in these cases, both homeowners are responsible for the upkeep of the fence and a neighbor should pay at least a portion of the repair costs if he or she is causing damage to the fence.

    Connecticut's own fence law might be somewhat hard to enforce, given its decades-old rules on "division fence" repairs. This law suggests that a homeowner can call the town selectmen to see the fence damage, each selectman receiving two dollars a day for their "fence viewing" duties. These local officials can then order the neighbor to fix the fence. If the neighbor doesn't complete the repairs, the homeowner can do the work and recover twice the repair estimate via a lien on the neighbor's property.

    Although fences are often interpreted as a property line maker, they are usually installed in such a way that they are located entirely on one property. Ann Cochran, writing for the National Association of Realtors' home improvement website HouseLogic, says homeowners should know where their property boundaries are before they put up a fence; most fence companies will install a fence a foot inside the line.

    Cochran says that if you're having a fence installed, a few neighborly measures can help nip disputes in the bud. Let your neighbor know that you are putting a fence up and discuss what if any permissions you might give them for use of the fence. If the fence is on your property, you're responsible for maintaining both sides; it is also common etiquette to put the more finished exterior side facing toward your neighbor.

    You might want to discuss damage payments ahead of time. Townley Kenton, an insurance agency in Decatur, Georgia, says homeowners might agree to pay their own insurance deductibles if a healthy neighboring tree causes damage to their property.

    Robert Bruss, writing for the Chicago Tribune, says a neighbor cannot be held responsible for how tree roots grow, so he or she will not be liable if they start to damage a fence. However, a homeowner can trim back roots and limbs to the property line as long as this work does not cause the tree to die.

    If a neighbor damages a fence on your property, they might be happy to fix it. Meet with the neighbor to let them know about the damage and ask if they'll repair it.

    Should the neighbor be uncooperative, it may be time to start documenting your efforts to have them repair the damage. Take photographs of the fence and the damaged area, and record the dates you met with the neighbor as well as the substance of your discussion.

    You should also inform a neighbor in writing if you notice an issue that could potentially cause damage to your property, such as a leaning or diseased tree. Townley Kenton suggests that this record might provide a basis for your neighbor's insurer to pay for your damages, or for your own insurance company to seek compensation from your neighbor's insurer.

    If the neighbor still refuses to repair the damage, you might want to show them your documentation and consult with an attorney. Nolo suggests that the problem can be resolved either by mediation or in small claims court.

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