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Shared Fence Issues (non Broadlands)

Discussion in 'General Chat Forum' started by JLC, Apr 27, 2008.

  1. JLC

    JLC Member

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    I'm curious about a fence issue and tried doing some Googling, but didn't really get anywhere.

    I have a friend who lives in a nearby development where, I believe, the HOA isn't as structured as it is here. They moved into a previously owned home and their next door neighbors have a fence. These neighbors installed the fence six inches within their own property line, which I believe is pretty standard practice. My friends are now considering erecting a fence of their own and their neighbors are asking for money to pay for 1/2 of the existing shared wall. My friends don't want to pay this - to the extent that they would rather have their own fence down their property line with a six inch gap between the two vs. paying them for sharing the one fence wall. They're concerned that because the fence is six inches inside the neighbors property line, they'd have problems if they ever tried to sell their house.

    The VA laws regarding fences that I've found are limited to bordering farms. What's the real deal? Anyone know?
     
  2. Villager

    Villager Ashburn Village Resident

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    Two things:

    One: Neighbors shouldn't have to pay for anything that is located on someone else's property.

    Two: Each of our neighbors have a fence but we do not. I don't know if our property runs all the way to the fence on those sides or just short of it. Regardless, when our neighbor's mint plants grow through to our side of the fence, I use the leaves for my own mojitos! :happygrin:
     
  3. Chsalas

    Chsalas Active Member

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    While I agree with you in principal, it would be more cost effective if they did pay for 1/2 that wall of fence vice building a whole new fence wall within their property line. However most good neighbors would just bit the bullet and call it done instead of asking someone to pay for 1/2 of something.

    Another way of looking at it, for a very low amount of money, visually you get 6 additional inches of property. (although it is really not yours).

    $.02
     
  4. Twriter

    Twriter Get a Mac!

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  5. L0stS0ul

    L0stS0ul hmmmm

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    if it was me I would not connect to the neighbors fence simply because it is 6 inches inside their property line. When you go to sell the house that could be a significant issue that would require the fence to be moved which is not cheap. Then what happens if the people that own the fence move and the people that move in are not nice about it. So many issues can arrise with that. I'd just keep everything inside their property line.

    To give you an idea of what it can cost. When we had our fence built there were no homes around us and VM had not yet marked the property lines. I didn't know this until the day the fence people came to build the fence. I grabbed my plat and measured everything out and gave the 6 inches of space in case there was a gap. About a year later the home behind us was built and the county finally came out and marked the property lines. Low and behold our fence was about 6 inches onto our neighbors property and they were none to pleased with it. It turns out that the fence builder we had completely ignored the lines I had put down and simply took the fence back to where VM stopped soding where there was one of those debris barriers. To just move the back section of our fence 6 inches in cost us the same amount we paid for the entire fence to be put in. The company would not admit to any wrong doing and therefor we paid for our crappy fence twice.
     
  6. LvBlands3

    LvBlands3 New Member

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    IMO - If the fence is already standing when your friends move in, then they should NOT pay for 1/2 of the EXISTING fence. If the neighbors are PLANNING on installing a fence, then they should discuss it with their adjoining neighbor to plan on splitting the cost and come to an agreement - preferably in writing to avoid any misunderstandings. In a townhouse situation, it would be silly to have two fences. In a single family area, maybe it might look ok.

    Discussions ahead of time are always the best policy. Get it in writing. And, be a good neighbor. I am in a TH and always talk to my neighbors before doing anything that might impact either of them.
     
  7. Tamsenrigi

    Tamsenrigi New Member

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    Our neighbor attached to ours without even asking us. As we built in 6 inches in on our property, they have now taken that space in their yard. I don't know if there is any truth to it, but someone told us that if we did not dispute it within a set amount of time, we'd forfeit that property to them.
     
  8. Zeratul

    Zeratul Well-Known Member

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    I think it is partly urban legend part truth, but there is something to the concept of taking property adjacent to your own... but it is more with property that appears abandoned or not maintained. And you have to show, over like 20 - 30 years that you cared for it, improved it all with the reasonable expectation that it was yours.

    As for the fence idea, it does not pass the smell test to try and charge your neighbor for 1/4 of a fence after they have moved in... you make the decision to put up a fence and it is yours - you own it, you maintain it and you get the increased value for it as well. Talk to your neighbors at the time and agree on a deal if others are going to build and get it all in writing... but after the fact, that just does not fly.

    And if this becomes a wedge issues, too bad. It is a shame when someone makes this the "issue" that defines what neighbors will do... and I would not want friends like that anyway.
     
  9. StephNBen

    StephNBen Southern Walk Resident

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    I agree with the consensus. It is not your friends responsibility to pay for part of a fence that is not even on his property, and it was in bad taste for the owner of the fence to ask. When we built our fence (beyond getting HOA approval) we did mention it to our neighbor and let him know what type we were building so it would not be a surprise, but we certainly did not (and would not) ask him to pay anything.

    The only time I have heard of splitting the costs is in a situation (like where I grew up) where every single house was separated by fencing by the original builder and the fences were built on the property line. For instances, some of the town houses in Broadlands have that type of fencing, and I imagine if a fence between two units needed repair (by no fault of either neighbor) that cost would probably be shared.
     
  10. T8erman

    T8erman Well-Known Member

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    Actually, it is fairly common to "share the cost" of a shared fence line.
     
  11. Zeratul

    Zeratul Well-Known Member

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    For some of the Townhouses is Broadlands, this is more of a relevant issue. Typically, the Fence is on or right next to the property line and only built one-wall between yards.

    It is not like there is a "rule" but I think for these cases, reasonable to ask the neighbor that if they want to build a fence too, split the cost of one wall and then agree on maintenance (in writing). If they are not going to build a fence, no problem. The only issue I had in the past was when it came time to stain the fence.

    I put up the fence, paid for the whole thing then bought the stain, got HOA approval and faced the issue where on the neighbors side of the fence, they wanted a different color and type of stain. I was a little surprise that they asked, but then somewhat frustrated when it became an issue since I said no. Simple point was that we wanted a solid color stain, different color entirely that what they wanted, and not to mention the wood would age differently on one side. Then who gets to re-stain one side in 2 years? What happens if they move?.... you see the point. Shame that they made a stink about it but oh well.
     
  12. LvBlands3

    LvBlands3 New Member

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    The shared fence that I have (townhouses) is stained different colors on the sides that I share with my neighbors. We haven't had any problems. All parties are happy that way. Communication is the key.
     

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