How to deal with landlord neighbor and fence issue

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Feb 22nd, 2018 8:29 pm

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Feb 21st, 2018 2:18 pm

rfd4life4ever [OP]: Newbie; Nov 3, 2015; 45 posts; 10 upvotes; Ontario

Feb 21st, 2018 2:18 pm

How to deal with landlord neighbor and fence issue

This community has been so active and helpful so I thought I'd ask about this here to see if I can get some help with this strange issue. This situation is at my brothers home. A long story but I will try to keep it short.
My brother lives in an end unit freehold townhouse. His directly attached neighbor is a renter and the landlord purchased the home last year as an income property. My brother approached the landlord about the fence in the backyard dividing the two properties because it was leaning very badly to his side and thinks it need to be replaced all together.
The fence was never installed properly to begin with and the footings seem to be maybe 2 feet deep at the most.
The landlord next door said he would look into it and the next day my brother saw that the fence had been pulled semi straight and tied to a piece of steel bar with yellow rope. The landlord did this at two posts.
My brother assuming that this was the only solution, moved his shed to cover one of these unsightly ropes and to help hold up the fence.

My brother also lives in East Gwillimbury where I bought my home nearby.

This landlord obviously does not care to fix this properly but does my brother have any legal footing here? What can be done if anything?

here are some pics of the fence and repair.

Images

14 replies

Feb 21st, 2018 2:48 pm

Chickinvic: Deal Fanatic; Dec 27, 2009; 7392 posts; 4664 upvotes; Victoria, BC

Feb 21st, 2018 2:48 pm

If I were him I would just bite the bullet and pay to replace the fence between the two yards. We were in an inside townhouse and had we not sold last summer that was our plan. The fence was getting old, and we couldn't be bothered trying to get money out of anyone so we would have just eaten the cost and replaced it.

+2

Feb 21st, 2018 3:01 pm

lehmanr: Sr. Member; Jul 2, 2013; 688 posts; 182 upvotes; Aurora

Feb 21st, 2018 3:01 pm

Landlord needs punch in the teeth. That is not his side of the fence to modify. Cut the rope and move the shed. Hopefully the fence falls and get this grease bag to open his wallet. The nerve of some people...

Feb 21st, 2018 4:16 pm

vkizzle: Deal Expert; Aug 22, 2011; 35645 posts; 21730 upvotes; Center of Universe

Feb 21st, 2018 4:16 pm

Nothing can be done unless your brother takes the lanlord to court.

Feb 21st, 2018 4:32 pm

CNeufeld: Deal Guru; Mar 23, 2008; 12331 posts; 8747 upvotes; Edmonton

Feb 21st, 2018 4:32 pm

Tell your brother to start reading here...
http://www.mah.gov.on.ca/Page176.aspx

Basically, your brother can request a "fence viewing" by impartial viewers to determine who's responsible for what. But this can only happen if your brother requests the viewing prior to knocking stuff down. He should also investigate where the property line is relative to the fence.

C

+1

Feb 21st, 2018 6:48 pm

krs: Deal Fanatic; Mar 28, 2005; 6383 posts; 1167 upvotes; Peterborough, Ontari…

Feb 21st, 2018 6:48 pm

rfd4life4ever wrote: ↑ My brother assuming that this was the only solution, moved his shed to cover one of these unsightly ropes and to help hold up the fence.

This landlord obviously does not care to fix this properly but does my brother have any legal footing here? What can be done if anything?

Has your brother even talked to the landlord since he put up that temporary fix?
About splitting the cost to fix or replace the fence properly.
I would suggest that is the first thing to do.

+1

Feb 21st, 2018 7:21 pm

valve: Member; Dec 2, 2006; 308 posts; 163 upvotes; Ottawa

Feb 21st, 2018 7:21 pm

lehmanr wrote: ↑ Landlord needs punch in the teeth. That is not his side of the fence to modify. Cut the rope and move the shed. Hopefully the fence falls and get this grease bag to open his wallet. The nerve of some people...

I think you're confused (and a bit too angry). The repair was done to the landlord's side, not the brothers. Have a drink and calm down

+2

Feb 21st, 2018 7:51 pm

HghSsociety: Deal Addict; Feb 16, 2018; 1292 posts; 1296 upvotes

Feb 21st, 2018 7:51 pm

You guys are clueless.

It doesn't matter what side the repair was done on, or who installed the fence in the first place or even who paid for it IF the fence sits on the property line dividing the 2 properties.

You can go to the city for a hearing if thatis the case and the 2 people involved cant agree on a solution

+1

Feb 21st, 2018 11:23 pm

TrevorK: Deal Expert; Aug 2, 2001; 16787 posts; 7027 upvotes

Feb 21st, 2018 11:23 pm

It seems reasonable that if the fence can be repaired, that is the appropriate course of action. Ripping it down and starting fresh is not always a reasonable solution and seems unfair to burden someone with the cost of replacement when a repair is reasonable and extends the life.

It's not like we are talking about a brand new fence with a couple bad posts, or a well maintained fence with a couple bad posts. The fence in the diagram looks old and worn - and the fix with the piece of steel seems appropriate for a fence kept in that condition.

Feb 21st, 2018 11:31 pm

lehmanr: Sr. Member; Jul 2, 2013; 688 posts; 182 upvotes; Aurora

Feb 21st, 2018 11:31 pm

valve wrote: ↑ I think you're confused (and a bit too angry). The repair was done to the landlord's side, not the brothers. Have a drink and calm down

And the rope is on both sides of the fence. Why should the OP be forced to stare at a bright yellow ghetto looking rope when they are ready for a new fence or a proper repair?
A bit angry yes... The OP is the homeowner, the landlord just wants rental income in the cheapest possible way. Landlords do not generally show pride of ownership in their properties but when they have to share property with homeowners that actually live in their home, they need to realize that wrapping a fence post with a rope is not acceptable.
So yes it angers me that the OP actually approached the landlord and they decided to do a half assed repair without their consent.

Feb 22nd, 2018 12:41 am

krs: Deal Fanatic; Mar 28, 2005; 6383 posts; 1167 upvotes; Peterborough, Ontari…

Feb 22nd, 2018 12:41 am

lehmanr wrote: ↑ So yes it angers me that the OP actually approached the landlord and they decided to do a half assed repair without their consent.

I think you're jumping to conclusions.

The OP posted:

The landlord next door said he would look into it and the next day my brother saw that the fence had been pulled semi straight and tied to a piece of steel bar with yellow rope. The landlord did this at two posts.
My brother assuming that this was the only solution.......

So...brother complained, landlord did somthing right away next day to prevent the fence falling over completely
Brother assumed.....

We don't know if the landlord implemented that temporary fix a day ago, a week ago or a month ago.
Even if it was a week ago - maybe the landlord is on vacation, or is getting quotes to fix it....

As I posted earlier - brother needs to talk to the landlord to find out what his intentions are and the best way to fix the problem rather than get the city involved at this point.

+4

Feb 22nd, 2018 1:09 am

Keelie: Deal Fanatic; Oct 26, 2002; 6263 posts; 684 upvotes; BC

Feb 22nd, 2018 1:09 am

If it was pulled semi straight with the rope the next day, that looks like the guy tried to do something right away to help keep it up. Are you jumping to your own conclusion that it will be permanent? Maybe its just there until proper repair can be done. Its winter, maybe its a job for nicer weather?

That's my 2cents worth

+1

Feb 22nd, 2018 8:35 am

rfd4life4ever [OP]: Newbie; Nov 3, 2015; 45 posts; 10 upvotes; Ontario

Feb 22nd, 2018 8:35 am

Keelie wrote: ↑ If it was pulled semi straight with the rope the next day, that looks like the guy tried to do something right away to help keep it up. Are you jumping to your own conclusion that it will be permanent? Maybe its just there until proper repair can be done. Its winter, maybe its a job for nicer weather?

Hi this fence repair was done in early spring 2017. This landlord has no intention of replacing the fence it seems.

Feb 22nd, 2018 8:37 am

rfd4life4ever [OP]: Newbie; Nov 3, 2015; 45 posts; 10 upvotes; Ontario

Feb 22nd, 2018 8:37 am

krs wrote: ↑ Has your brother even talked to the landlord since he put up that temporary fix?
About splitting the cost to fix or replace the fence properly.
I would suggest that is the first thing to do.

He has tried to get in touch through the tenant. The tenant was only able to provide an email for contact. Two emails were sent and never responded to.

Feb 22nd, 2018 8:29 pm

westcoastyvr: Deal Addict; Nov 30, 2011; 1026 posts; 402 upvotes; GTA

Feb 22nd, 2018 8:29 pm

East Gwillimbury does not have a good line-fence bylaw. If neighbour does not want to pay to fix fence I wish you all the luck with that.

Also, East Gwillimbury has strict set-back requirements for sheds. You may want to make sure the shed is compliant before you start calling anyone in to look a the fence.

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