Fencing question, when neighbours refuse to pay

[dvdsung]

Hi all,

If a next door neighbour refuses to pitch in on the purchase of a fence, what can be done? I was told that theres a document which can be sent to the gov't or city, and the homeowner will be charged for it (via taxes). I was also told that this only applies to the cheap wire fences and not the wood fences, is this true?

This is in the City of Vaughan

Thanks

[3weddings]

It depends on your city/region. Check their website as to their policies. I am in Halton and they don't, it's up to you to recoup it.

That being said, you can build it on your side of the property line, and the neighbour has to allow you access to maintain the fence.

[7jaii]

Each city has its own bylaws. But think about it, you're building a fence and billing your neighbour who doesn't want it? That's not going to make friendly neighbours down the road.

You are totally allowed to put up a fence on your side of boundaries. If you need a fence then save the hassle & grief, pay it yourself for your own property.

[qster]

Or do what I did years and years back...
Built the fence on my property line so the neighbour can't touch it and wrote the words "Cheap neighbour" on their side of the fence. After a full 2 years, they finally decided put up their fence at the back of the lot (each side was already fenced), I told my cheap neighbour that they could not link or attach their fence to my fence. They weren't too happy about paying for a foundation post, but hey...that is what you get for being CHEAP in the first place.

Not having the funds at the time is one thing (can work out a payment schedule), but being CHEAP is something totally different.

Frankly...I couldn't give a rat's a$s about this whole friendly neighbour crap. If they aren't going to be friendly from the start, then you are wasting your time trying to change it.

As for recouping the costs...all you get is the price of a chain linked fench.
Either they cheap neighbour pays you now or you get a by-law officer to come and enforce the payment or deal with city hall.

[3weddings]

Frankly...I couldn't give a rat's a$s about this whole friendly neighbour crap. If they aren't going to be friendly from the start, then you are wasting your time trying to change it.

The last person that promoted this is now a banned member at RFD

I really think people should attempt a reasonable solution before things get nasty!

[pfbmgd]

The last person that promoted this is now a banned member at RFD

I really think people should attempt a reasonable solution before things get nasty!

You should try to get the person next door to pay .

Saying that they may not want to.I would put the fence on my side of the property .Paint the side facing away from you a nice pink colour .

[tlamm]

I mentined to my neighbours that I was building a fence, they did not offer to contribute and I did not ask. I picked the fence style I wanted and built it myself 1 inch off the property line.


I'm amazed at how many people expect the neighbour to pay for something they may not want. Some things are more important then money.

The old guy behind us still hands me tomatoe plants over the fence every summer, and The neighbours on either side look after our house and mow the lawn or shovel the driveway when we go on vacations.

[RenegadeX]

I'm amazed at how many people expect the neighbour to pay for something they may not want. Some things are more important then money.

As others have already said in this thread, in many places it's the law that the basic cost of a fence must be split, so I'm not sure why you're still "amazed".

If a next door neighbour refuses to pitch in on the purchase of a fence, what can be done? I was told that theres a document which can be sent to the gov't or city, and the homeowner will be charged for it (via taxes). I was also told that this only applies to the cheap wire fences and not the wood fences, is this true?

I remember you once saying you lived in R.H. - if you still do, then here's the document that you need to refer to: http://code.municipalworld.com/richmondhill/971.pdf

I won't bother reposting all the relevant parts of the document as you can read them there, but I will post the following section which is very important, especially if the fence has not yet been built:

971.2.2 Notice - to owner - within 14 days - work intention
.
Where owners of adjoining land are not agreed on the details of construction, repair or replacement of a division fence the owner desiring to construct, repair or replace a division fence shall serve or cause to be served upon the adjoining owner by registered mail a notice of his or her intention to do so at least fourteen days prior to commencement of any work or execution of any contract in relation to the work to be undertaken.

By-law 41-90, 19 February, 1990.

My understanding is that if notice via registered mail was not sent at least 14 days in advance of commencement of construction, then the 50-50 cost provision is moot. However, I may be wrong - it may only be that whoever had the fence built will receive a fine for not providing notice, so it'd be best to call the By-law people and confirm what the ramifications of not doing so are. Contact info available here: http://www.richmondhill.ca/subpage.a...ubsectionid=59

If notice was given, or no notice=fine only, then this applies:

971.2.7 Cost - recovery - notice requirements
.
An owner desiring to enforce the provisions of Sections 971.2.5 and 971.2.6 of this Chapter shall serve or cause to be served on the adjoining owner a notice by registered mail requiring compliance with this Chapter and if such compliance does not take place within thirty days after service of the notice, the owner serving the notice, may take appropriate proceedings under the Provincial Offences Act to recover the proportionate share of the cost of the work as set forth in Sections 971.2.5 and 971.2.6 of this Chapter from the adjoining owner.

.. and again, the By-law people should be able to tell you how to proceed from there, if the need arises.

[tlamm]

As others have already said in this thread, in many places it's the law that the basic cost of a fence must be split, so I'm not sure why you're still "amazed".

Bylaw or not, didn't even cross my mind to try and force someone to pay for it. Just my point of view from my happy little neighbourhood..

[dvdsung]

Sorry, i'm in the city of vaughan. I personally don't have the issue but 3 ppl I know in the city are having the issue. The annoying part about this is the neighbours who don't pay, have there kids playing and screwing around in there backyards. There's no privacy at all...neighbours should be forced to put a wooden fence up...a lot of ppl have no respect for other peoples properties. I would be pissed if I had to pay for it.

[pitz]

Bleh, why would you want a fence anyways? Doesn't that just make you feel clausterphobic? Its not like you're grazing cattle back there.

[darth wolf]

Have a question as well.

My neighbour had her fence done last year. (Her house is perpendicular to mine, so her backyard backs onto part of my driveway and part of my garage.) She did not consult with me on the fence nor did she ask me to split any of the cost. The fence she choose was not one I would have wanted but since she did not ask for part of the cost I did not mind.
(we're on different streets and her house was built 4 years before mine and I did not want the fence yet to make sure there wasn't an issue with the grading.)

I'm deciding to have my fence done this year but is now having some issues what that same neighbour. Since I wanted to close off the front side of the house which is about 3 feet with a gate, she is opposed to me attaching my gate to the fence post that was installed by her last year.

I've found out that her fence is right on the property line (actually it's more on my side then it is on hers). I was going to offer to split part of the cost of the fence but since she is already so unreasonable can I just ignore her and proceed? Am I fully within my rights to attach anything on the fence since part of it is on my property line?

also in Richmond Hill.

thanks for any advice.

[Dustbunny]

Where I live, if someone puts a fence on the property line (never mind on my property) that I didn't want, they would be required to remove it. Here you can only use the property line if both property owners agree. Otherwise it has to be set back.

If your neighbour has infringed on your yard you are going to have a real problem if you ever go to sell as it will show on your survey. I wouldn't pay for property that was actually fenced off to me and not many others will either. The neighbour actually has to get an easement (which requires your permission again) to have that post on your property.

So if she's being a pain, be a pain back at her. Find out the regulations in your area and see if you can't get that fence of hers moved.

Meanwhile, people have to really watch the regulations in their area as they often aren't simple and can have various conditions attached (eg. most places say you have to set it back a certain distance if no agreement and if you are too close, you can be told to remove it). There are things in place to prevent neighbours from having to pay for butt ugly or poorly built fences and just because someone says they want a fence doesn't always mean it's a good one. There are all sorts of good reasons one person may not want the fence another is proposing and most municipalities allow for that.

[darth wolf]

Thanks, I'll have to try and navigate harder through the richmond hill website. The fence is basically on the line, just slightly over by a few cm which I don't really mind. Don't want to have to resort to threatening her to move the fence back. I just want to use the post which half of it is on my property to attach 2 hinges for the gate.
Not sure why she have to make a big stink about it but just want to get my facts straight before I try to reason with her again.

[venice_it]

I think cities should require builders to put in the fences. The whole fence thing is the cause of a lot of disputes and many people end up with either free fences or covering more than their fair share of the costs/construction. Too many people fail to budget for things like fences when they buy a home and this way it could be put on the mortgage. Whatever city policies exist, they are often more of a hassle to enforce and you generally have to hope you have reasonable neighbours.

Sorry this is just a small rant and of little use to the op.