Who Should Replace an Aging Fence?

The Importance of Determining Responsibility

The answer to this question depends on many factors, and the responsibility may be with you, your neighbor, the community association, or even be shared.

Reviewing Community Documents and Surveys

Start by reviewing your community’s association documents to see if the maintenance and replacement of the fence were addressed. You should also check your survey, which you should have received when you purchased the property. Additionally, take a look at other homes in your community to see if adjoining houses without a pool still have a fence extension, as this will help determine if it is just a pool fence or a design feature.

Understanding the Fence’s History

If your research confirms that the fence belongs to your neighbor and was built to enclose his pool, he will be primarily responsible for its replacement. On the other hand, if the fence is a community feature, the replacement cost will likely be shared or, better yet, paid by your association. Even if your neighbor initially built the adjoining fence, you may have inadvertently assumed some responsibility to help replace it. When someone builds a fence on a boundary line, it remains theirs unless the neighbor starts using it.

Dividing Responsibility

However, if you and your neighbor have been using the fence in a way that benefits both parties, it may be considered a shared responsibility. This could be the case if you have painted or maintained your side of the fence. On the other hand, if the fence had been left untouched for your neighbor’s sole use, full responsibility would have stayed with him.

Conclusion

When it comes to replacing an aging fence, it’s essential to determine who is responsible for the task. By reviewing community documents, understanding the fence’s history, and dividing responsibility, you can work towards a solution that benefits all parties involved. Remember, good fences do make good neighbors, but it’s equally important to maintain a positive relationship with your neighbor.

FAQs

• Who is responsible for replacing an aging fence?
• The answer depends on many factors, including community documents, surveys, and the fence’s history.
• Can I assume responsibility for replacing the fence if I’ve maintained it?
• No, if you’ve only maintained your side of the fence, you may still not be responsible for its replacement. It depends on the circumstances.
• What if my neighbor built the fence initially?
• If your neighbor built the fence, they may still be responsible for its replacement, even if you’ve maintained it. It depends on the circumstances.