Summer may be over, but that doesn’t mean your yard maintenance stops. In fact, this is the season where fences and sheds are more prone to the brutal weather conditions, causing damage or general wear and tear. But, what happens when your neighbor’s side of the fence is broken or falling down? Whose responsibility is it? And more importantly, who pays to repair it?
Similar to knowing your legal rights for painting shared fences, you’ll need to know the rules for repairing a broken or damaged fence. This is especially the case if you want to avoid any neighborhood disputes. Luckily, I’ve called on the experts to tell us exactly who should be paying for a broken fence, and get to the bottom of this problem once and for all.
Do I have to pay for the repair if my neighbor’s side of a shared fence is broken?
Repairing fence (Image credit: Shutterstock)
To determine who pays for fence repairs, this will all depend on your boundary lines, local jurisdictions and local ordinances. Typically, this varies from state to state, so it’s important to check your city laws.
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“If your neighbor’s side of a shared fence is falling down, whether you have to pay for the repair largely depends on local laws and the type of fence you have,” advises Jonathan Cobey, real estate expert and founder of Carolina Home Cash Offer.
“In many jurisdictions, fences that sit on the boundary line are considered ‘party fences’ or ‘boundary fences,’ and both neighbors may share responsibility for maintenance and repair.
“However, if the fence clearly leans toward your neighbor’s property and is mostly on their side, you might not be legally obligated to contribute. It’s important to check the specific property or fencing laws in your area, because regulations vary widely.”
To find out more about your legal rights, it’s advisable to start by checking your property deed or survey to establish exactly where the fence is located. Then, research your state and local fence laws, as well as any homeowner’s association rules, to explain who must maintain a shared fence.
“A good place to begin is by researching your city or county’s official Website, or property codes, for boundary fence rules,” said Cobey. “If there is any uncertainty, it may be beneficial to consult a real estate attorney or a local mediator who can help determine whether the law would make you responsible for part of the repair or if it is wholly your neighbor’s responsibility.”
Have a polite conversation with your neighbor
Neighbors talking over garden fence (Image credit: Shutterstock)
Whether you have a goof rapport with your neighbors, or they terrify you, what’s the best approach to talk to them about footing the cost (or half) to repair the fence?
“When you would like to confront your neighbor, the best practice is to be respectful and solution-oriented,” suggests Thomas Fighter, criminal trial lawyer and founder of Fighter Law.
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“Begin with a friendly conversation, sharing photos and suggesting that you both get some estimates and discuss fair cost-sharing among neighbors. Avoid early accusations or legal threats — they can sour relationships fast.
“My advice: Write everything down, date your photos and put any cost agreements in writing. Solutions reached in a calm and transparent manner prevent trivial property issues from becoming perennial conflicts.”
If you’re fortunate to have good neighbors, most people are generally quite cooperative and can work well together to resolve the task. What’s more, a friendly conversation will avoid any neighborhood wars.
“Maintaining a calm and reasonable tone can prevent conflict and make it easier to reach an agreement without escalating to legal action,” adds Cobey.
So before you take any action on a shared broken fence (or assume it’s not your problem), be sure to do these important checks first.
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