Backyard Fence Issue

[mallik]

I needed a fence put up in my backyard, as did everybody else in my area, and there was a guy who had a construction company who offered to do it.

Back around April I had a notice on my door about a meeting regarding fences. I thought it might be from the builder but it was from this construction company. He was trying to get everybody to go through him and he said he would offer a deal. Not that many people showed up to the meeting, but I heard what he had to say and left.

A couple of days later there was a paper on my door. It was a quote for the fence from this guy and basically a contract that he wanted me to sign. The price was decent but it was nothing special, so I never signed it and started looking around and comparing prices. My neighbour on one side signed the contract with this guy because he wanted a fence up ASAP (he always has people over and he wanted the privacy). The neighbour on the other side was looking around at other companies like I was and he found some better prices. He was also considering putting up the fence himself which I had also thought about.

Fast forward to about 2-3 weeks ago there was another contract on my door from the same guy, which I again didn't sign. This past week he started putting up the fences starting at one end and working his way down. I figured when he got to my yard he would leave it but when I came home the other day the fence was completely put up. I was surprised that he did it so quickly.

Anyways, I figure he's going to come around to collect money and I was thinking about what I should do. I figure that I'm not the only one who didn't sign a contract and I'm pretty sure he did everybody's yard. What could he do if I told him that I didn't agree for him to do my yard and to stuff it?

[Diamondog]

He can't do squat as a matter of fact if he has dug up your yard by putting this fence he has caused you damage and is liable.

[BuildingHomes]

Look up your municipal bylaws for shared fencing.

If it's like most municipalities, an agreement will be required among neighbours. If no agreement can be made, then the opposing home owner will be liable for what it costs for a basic chain-link fence. Any costs over an above that would be paid for by the home owner who order the fence in the first place.

It varies a little bit from place to place, but definately check out what your local bylaws are.

[Dustbunny]

Sounds like he's either stupid or trying to force people into using his company. Either way he loses. By consumer laws, you are not required to pay for anything you did not order, request, sign for (and he's the one who has to prove you did order it). The only difference I can see here is if your other neighbours (who you share a property line with) agreed and if your municipality says you 'must' share the cost. Each municipality is different so you might want to find out what they are where you live.

Where I live there is no automatic sharing law and it's all done by agreement or no fence goes up on the property line. So if my neighbour wants a new fence and I can't/won't agree to split the cost, or if I don't even want a fence, and they build one anyway on the property line, I can have them remove it. Here a non-shared fence has to be built back off the property line a foot or so (I think, can't remember exact distance). They could build a fence on the property line, without me sharing cost, only if I agree prior to it being put in.

I could see some people getting really steamed at this if they had other plans (like a different fence design for instance). I would say if he comes after you remind him you did not agree and tell him it isn't even the type of fence you want and as suggested, he has damaged your property. You might also check to make sure he even has the thing on the proper property line because if it isn't that is going to be a big headache. Also, what if he hasn't built the thing right (by your local guidelines for posts for instance)? What if it becomes a liability in some way? Is he going to fix it? Does it have a warranty? If not you might want him to pull it out, at his own expense and return your property to it's original condition or compensate you for the damage done.

I can't imagine what it would be like to come home and find a fence up. That would really make me angry and someone would have some explaining to do.

[Melfice]

Another note, if your other neighbors signed the agreement and you didn't, they have to send you a mail via registered mail to informe you that they have sign an agreement with so so about putting up a fence, and wants you to pay your share. All 3 (two side by side, and one behind you, assume that's how your house is sitting.) have to sign the letter. If they didn't do that, then you don't have to pay the contractor. If he takes you to court, then you can say he didn't do it right. Also, check with your lawyer too. In most city, the by-law is you pay for the price of 4 ft chain link fence.

[spdztr]

I can't believe that he would be able to drill the postholes, set the cement, and put up the fence all in one day. Doesn't the cement need a day or two to cure?
Did he also do your neighbour's who was on your side for not wanting to use the guy? Which company was it by the way, so we know?

[Melfice]

So mallik, did you got the issue settle? Or you going to pay the contractor?

[TrevorK]

I can't believe that he would be able to drill the postholes, set the cement, and put up the fence all in one day. Doesn't the cement need a day or two to cure?
Did he also do your neighbour's who was on your side for not wanting to use the guy? Which company was it by the way, so we know?

Who said he even used cement?

Most of the cheap company around here just sink the poles into the ground.

[mlc2000]

I can't believe that he would be able to drill the postholes, set the cement, and put up the fence all in one day. Doesn't the cement need a day or two to cure?
Did he also do your neighbour's who was on your side for not wanting to use the guy? Which company was it by the way, so we know?

1 day for cement to cure is about right.

[venice_it]

I think cities should make builders install quality fences to end a lot of these problems and just bury the costs in the home price.

[sixer]

I can't believe that he would be able to drill the postholes, set the cement, and put up the fence all in one day. Doesn't the cement need a day or two to cure?
Did he also do your neighbour's who was on your side for not wanting to use the guy? Which company was it by the way, so we know?

I did mine and cement cured in 20mins. It was the instant stuff.

[spdztr]

Who said he even used cement?

Most of the cheap company around here just sink the poles into the ground.

Really??? Wow... I always see the cement mixers around my area when fences are going in. I guess it's possible....

I did mine and cement cured in 20mins. It was the instant stuff.

Interesting...

Any updates OP??

[Pete_Coach]

To the OP, if the fence completely surrounds your property, perhaps the folks on all sides of you signed up. They probably put the fence up on their property (vice the property line) and it belongs to them. You may not have to pay??
We have some folks in my neighborhood who have two fences on one side of their yard because they could not agree on a style

[glaswegian]

To do a 6x6 post, with 1 ft lattice or solid, how much has to be buried into the ground with gravel and cement?

[mystical2003]

To do a 6x6 post, with 1 ft lattice or solid, how much has to be buried into the ground with gravel and cement?

That depends on the frost line in your area. Generally 4 feet is safe.