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  • Jul 22nd, 2020 10:55 am
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[OP]
Newbie
Jul 18, 2020
1 posts

Fence Dispute

About 5 years ago, me and my neighbor wanted different styles of fence. In the end, we settled for my design with me paying full price. I was going to have the fence right on the property division line but during the construction phase, my neighbor came to me asking me to move the fence entirely into my property. So my constructor built the fence about 4cm away from the property line stake. My neighbor had left the other side of his backyard open for the past 5 years until recently, he decided to build wood fences as well.

The fence that I paid for was vertically patterned but my neighbor built his other side horizontally. To match the design, he had his constructor stapled a second layer onto the fence that I paid for. The constructor left hundreds if not thousands of exposed nail points sticking out into my backyard (without telling me, I found out after the construction was already done). I contacted him, no response, so I contacted the city to have them remove the nails. I want him to also fix the fence that will have hundreds of nail holes and splinters or replace the wood boards with new ones. Is that too much to ask? Also, he kept saying the fence is a shared resource although I paid in full. But the fence is 4cm away from the property line stake, is that enough as a proof that the fence is in fact in my property? Does anyone have suggestions/advice as to how I should approach this situation?
7 replies
Deal Addict
User avatar
Jun 12, 2008
3298 posts
884 upvotes
Ancaster
Did you try talking to your neighbour about this?

If the property stake line is still in place, it's pretty easy to say that your fence is all on your property.

I imagine you also have an invoice from the contractor who built your fence.

If the contractor is ignoring you, your only recourse is small claims court.
Deal Addict
Nov 16, 2011
1496 posts
1201 upvotes
HAMILTON
providing that the fence is truly on your property by 4cm and you paid for it on your own, your neighbor is full of crap and him/his contractorhas damaged your fence.

Having damaged your fence he is 100% liable for repairing/replacing the damaged portions.

Explain to him in simple forms that the fence is not a shared resource when it is on solely on your property and paid for by you. Advise him that it is his problem to remediate the problem and that you expect him to do so forthwith.

At the same time, call in a fence contractor to provide you with a price to repair the fence so that you can show him the cost involved.

If he gives you a hard time about it or refuses, sue him for all the damages in small claims court.
Deal Guru
User avatar
Mar 13, 2004
12915 posts
4521 upvotes
Ontario
If he stapled it on your fence then it means hes also on your side because you are 4cm in no? So that's another point you cna throw in his face. He needs to build his fence on his property no on yours and attached to your fence.
Deal Addict
User avatar
Feb 25, 2004
1482 posts
997 upvotes
Longueuil
Make sure that the fence in on your side and then explain the situation to the neighbor (I would not even talk to the contractor, you don't have a contract with him, if he did something he was not supposed to, the neighbor can go after him). If he is not reasonable, document everything and go to small claim courts. He must not damage your fence (that you paid for that is on your property). There is no way he can win.
Try not! Do or do not, there is no try...
Newbie
Mar 2, 2020
68 posts
40 upvotes
Toronto
Little off topic. After reading so many horror stories around fence issues, I am glad that I contributed and am done with it. I bite the bullet even though it was not the best time for me to invest in it due to financial situation. I think that is the best way to go if you want to live in the neighborhood without unnecessary disputes.
Deal Guru
User avatar
Mar 13, 2004
12915 posts
4521 upvotes
Ontario
Depends on the situation, For example we have older style Chain fences all around our property. We have had a few neighbors ask if we want to go half and split the cost of the new big wooden fence. my dad has always said no because the current fence is fine and has no issues. So they go and build a big wooden one beside the current fence. We have no issues as the old fence is on the property line if something happens with their wooden fence its their issue.
ITAspirant wrote: Little off topic. After reading so many horror stories around fence issues, I am glad that I contributed and am done with it. I bite the bullet even though it was not the best time for me to invest in it due to financial situation. I think that is the best way to go if you want to live in the neighborhood without unnecessary disputes.
Deal Fanatic
Oct 18, 2004
5132 posts
1624 upvotes
Wat
Did the neighbour attach his new fence to yours? I wouldn't let him do that either.

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