Landscaping

Shared fences are synonymous with boundary fences. They sit on the line that separates two properties, leaving both property owners able to use and own the shared fence. This arrangement can leave the door open for many questions. Who is responsible for setting up a shared fence? Who is responsible for repairing it if the need arises? What should you know about a shared fence? 

Read on to learn more about shared fences and how they’ll impact both you and your neighbor. 

Equal Ownership

Interestingly, while the law says that both neighbors are the owners of a shared fence, you should be aware that every state interprets its “use” differently. These fences must conform to local ordinances and CC&Rs. 

Since each neighbor technically has the right to develop and maintain the shared fence, it’s important that you both agree on how it is developed. This is where a reputable fence company comes into play. 

Shared Cost Fences Expenditure

Because the law that governs shared-fence recommends that both parties pay for the erection of the fence, it also makes sense that you cost-share repair and maintenance costs in the future. However, this doesn’t mean you’ll be asking your neighbor to pay for a fence change without a solid reason.

Your neighbor should only spend on the fence if the repair of maintenance is reasonable. In addition, both of you should equally share the benefits of having such a fence unless you agree otherwise.

If you have a customized agreement between you two, you must have a written document outlining what you’ve agreed on. Likewise, you can request the fencing company to invoice both of you. When this happens, both landowners will enjoy the warranty of the fence.

The Equal Responsibility Isn’t Absolute

Ideally, you should cost-share everything regarding the fence. But any of you can challenge this legal advice if:

• The financial burden on one of the landowners is disproportionate to the benefits that the owner enjoys regarding the fence in question.
• The cost of the fence exceeds the difference in the actual property’s value before and after the fence installation. This implies that a landowner can dispute equally paying for a fence whose cost is more than the value it adds to the property.
• The financial burden on one owner can cause undue financial hardship. In this case, the landowner with difficult financial circumstances can contest equally paying for the fence as the other landowner. This landowner must also have reasonable proof of their financial situation.
• The costs of the shared fence are excessive, unnecessary, or come from the personal aesthetic needs of the other landowner. These personal tastes can be architectural designs or graphics.

So, while you should cost-share to care for your fence, you must both afford it. Also, no one should unilaterally want to fulfill their interests at the disadvantage of the other landowner.

Shared fences are interesting. The installation, repair, and management call for good neighborliness. Both landowners have dual ownership of the fence by law. They have a right to maintain it and repair it. 

However, there are special financial situations that may compromise your equal cost-sharing. In addition, you may not alter the design of the fence to suit their selfish interests. So always get your fence from a fencing company that can invoice both landowners.