Hi all!
So, we have an unfortunate situation where our neighbor is claiming our trees are the reason their fence needs to be repaired/replaced, and is demanding we pay 100% for repair or replacement.
It gets even weirder – we have never met or seen them since moving in 8 months ago, they have 3 cars in the driveway that never move, the windows are all covered in bedcovers, and everything in their backyard is neglected and decaying/falling apart.
They decided to surprise us on Xmas eve eve with a letter on our door (smugly/passive aggressively) saying that people who owned our house TWO owners ago "said that they would repair the neighbors fence because they planted the trees too close and caused it to lean", and that "we inherited that promise/problem and are responsible to uphold this unwritten verbal agreement".
This is laughable to me, especially considering how small our trees are, and how far away from the fence they are. Also, the fence is obviously decaying internally, not simply falling over.
Is there any chance at all our trees destroyed their fence?
Thanks for the advice!!
by Sad_Estate_6842
26 Comments
obviously no
I mean the presence of the trees probably increased moisture and decreased sun which could have accelerated aging but to say the trees damaged the fence is insane.
Also the direction the fence suggests it’s actually YOUR fence. Now might be a good time to get your property surveyed if you’re not 1000% confident where the property line is.
No
I’m no expert but it looks like your trees are too far away to cause any issues. The fence is falling into your property lol, so how can it be your fault? You are not responsible for your neighbor’s fence.
It is always worth checking the fencing laws so you can be prepared for however insane your neighbors may be.
No, it’s an old fence that has started to breakdown due to age.
If you can afford one, get a survey to find out who’s fence that is definitely. If not, just tell them to pound salt.
Big “fork found in silverware drawer” energy. It’s a wood fence. They eventually rot. Unless the trees have been getting up and kicking the fence somehow, this damage looks entirely wear and tear related.
Not an arborist but I’ve built plenty of wooden fences and what you have there is simply rot. Is it possible that the trees aided the process ever so slightly? Sure, since they would have shaded the area and allowed some moisture to linger a bit longer, but that fence is simply past its useful life.
Weird neighbor can pound sand, if you ask me.
Trees create shade. And wood rots faster in the shade because there is more moisture.
I don’t think so but those rocks are probably hurting your trees fyi.
No. It’s an old wooden fence. They only last so long.
They are insane. Enjoy your newfound feud with the crazy people.
Absolutely ridiculous. That fence is not taken care of old, rotting, etc. Wind is a much bigger danger to that. But you did learn one thing, your neighbors are scummy scammers, be careful.
No. But…
Generally speaking the beams go on the fence owner’s side, so it’s likely that it’s your fence. Get it surveyed to be sure.
don’t respond to them. ignore. but you should get a survey. that fence is either built with the wrong way facing out or its yours.
Esa valla se ha podrido porque es de madera, ya está, no hay que buscar ninguna otra explicación, la madera a la intemperie se pudre.
Los árboles no tienen nada que ver, no entiendo cómo en los estados unidos confían tanto en la madera, la madera siempre se acaba pudriendo en exteriores, solo conozco una que no se pudre, la madera de teca, y creo que esta no lo es. El resto, da igual los tratamientos de la des, incluso la de los postes de teléfonos que lleva tratamientos con creosota en ciertas condiciones acaba por pudrirse.
Tus árboles no tienen ninguna culpa, otra cosa es que el cierre entre dos fincas se suele pagar a medias entre los dos vecinos, así que si queréis poneros de acuerdo para renovarlo, pues sería lo más justo
There is no way for them to prove that. Let them try to sue.
Send them a cease and desist from your lawyer
No. That fence is at the end of its useful lifespan. Get a survey done. Or look for your original from when you bought the house. Tell your neighbor to kick rocks.
The fence is probably yours installed by previous owner and they’re claiming it’s theirs or they installed it incorrectly to not see the interior which is against code most places. So you could decide whether you want to own the fence or not.
You have no legal obligation to respond to that letter at all or to honor an unwritten agreement made my a prior owner, obviously. Most real warranties won’t carry over more than one sale. Make them present themselves.
Do not accept their claim of ownership of the fence unless it’s stated in your property purchase documents.
Fences in disrepair and falling are also usually a code violation and can be complained about formally and require resolution. If you want to own it, you’ll have to repair it. If you let them repair it, could also support their claim of ownership and they’ll probably do it wrong.
The trees potential damage I suspect would be blamed on roots or like dropping sap or berries but that’s not a thing that’s unreasonable for a fence to be near. Also it doesn’t even seem clear that the trees were planted after the fence.
There is a saying in Turkey: instead of buying a house, one shall buy a neighbor.
Maybe it is a bit weird when translated but means neighbor is more important than having a house.
That neighbor is insane.
First: He/She/whatever crazy adverb that human being has to complete that agreement with that mentioned owner.
Secondly: Your trees do no harm to that fence. Fence is already on its deathline.
How many years should that wood last in the nature?
You are in no way responsible and it is nuts that your neighbors would ever imply you are, those trees and that fence have been there a lot longer than 8 months.
Depending on your location you may have a shared responsibility to fix the fence. Here in California it’s 50/50
I don’t think you have any obligation here. So you can ignore them.
But I would do the following to cover my bases on who is responsible:
Don’t talk to them yet. Get a property boundary survey done. Have property stakes installed marking your property line. It’s a good thing to know and should not cost too much. Go from there. If fence is on their side of the property line they pay for it. If the fence is on your side do whatever you want as long as it meets your local codes.
If they start questioning the markers just say you had to get it surveyed to move forward with any possible repairs. But don’t promise anything.
I am not a lawyer
it’s always possible, but hard to know for sure without a site visit
Do they have an in-ground pool? Not a legal guy or an arborist, but the whole fence could need to be replaced do to code violations. I think if they dont come outside much and use their pool, well they probably dont want to pay to replace the fence for the pool they dont use.
Failure to maintain the fence is why it’s falling apart. It clearly hasn’t been regularly sealed. Wood is destroyed by moisture, fungus, and UV. With regular maintenance the appropriate wood for your area can survive for decades. The trees had nothing to do with it, they may have even protected it from sun degradation. If the posts are rotten it’s moisture, if the boards are brittle and disintegrating it’s usually the sun.