08/24/2022
1. Review Local Law
One of the most common shared expense between neighbors is a shared fence. Conflicts can quickly arise between neighbors over who is responsible for the fenceâs maintenance, including paying for and making changes to painting, staining and other repairs.
Additionally, issues may also arise where neither neighbor is at fault. For example, what if there was a storm, a fire or some type of accident which no one could control?Whoâs responsible then?
It is best to avoid unnecessary conflicts by checking state and local ordinances to determine policies for responsibilities of shared outdoor-related expenses.
If you live in a community, neighborhood, municipality or in a big city, there is a great possibility of existing law talking about the distribution of workload and expenses. Depending on the local ordinance, the guidance of shared fences and their expenses and duties would be mentioned differently, but you can find a common point.
For neighborhoods where there is an HOA or other shared community space, there may be different rules regarding shared expenses. Consult your HOAâs governing documents or speak with a representative to find out more information.
2. Discuss the Concern With Your Neighbor
Generally, if homeowners share fences both are equally responsible for maintaining and repairing it since both neighbors enjoy a similar benefit from having one.
However, sometimes issues arise there is uncertainty about whatâs best for both parties. What if one neighbor wants to use a more expensive material or contractor? What if one neighbor thinks itâs time to repair or replace the fence while the other doesnât want or think itâs time?
By having a clear and open communication with your neighbors, you would get to know their concern which will provide insight into the problem. Ultimately helping come to an agreement that is favorable to all involved.
3. Come to an Agreement About Other Shared Expenses
The fence is just one example of a shared expense between neighbors. Others to think about include gate considerations, fall cleanup, snow removal, land modification and vegetation planting and trimming. Even the wall supporting or maintaining a fence can become a shared expense if the wall must be erected, repaired or replaced.
Some recommend all shared costs must be divided equally unless there is a prior arrangement. Planning head and discussing while there are no corners is often the best approach. Finding common ground and solutions that benefit and satisfy all parties is the ideal situation. After all, is always best when you have a good relationship with your neighbors.
