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A RENTER is begging for help after their neighbor shocked them with a massive bill for a property dispute.
The renter said their new neighbors expect them to pay for a fence that the neighbor put up.
The concerned tenant posted on Reddit asking for legal advice after their new neighbors wrote a letter “demanding” that they pay them $4,000.
The dispute started when the new neighbors moved next door to the Redditor.
The poster noted that their new neighbors constructed a fence around their property right away, which was a relief to them. They had wanted to install a fence but were unsure if it was permissible since they were renting.
After the neighbors had put up the fence, the poster asked their landlord if they could also build one.
The renter got approval from their landlord and permits from the city to begin construction.
“With one side of the yard already having a fence, we only needed to enclose the back and a small segment of the front that connected to their section…we put up the fence but were careful not to actually join it to theirs,” the poster stated.
As the Redditor began to build their new fence, the neighbors came over “screaming” at them because they were going to be using part of their fence.
“They actually demanded we make a second fence along theirs so that we could not use it,” the poster recalled.
“Even mentioned how they spent 12,000 dollars on it and it wasn’t fair.”
The tenant requested a property line survey from their neighbor because the city’s property map indicated that the neighbor’s fence is “clearly on [the tenant’s] side of the property.”
“After they left, we finished up, and the next day, his wife comes over as we are finishing up and lets us know that they would allow us to use their fence until they decide to move, at which point they would get a survey done,” the poster wrote.
Over the course of the next year, the renter said their neighbors let their side of the fence “go to crap.”
“Last week, we got a call from our landlord that they wrote a letter demanding we give them 4,000 dollars plus damages because we built a fence without notifying them,” the renter wrote.
“On top of that, they had someone come and powerwash and put stain on all the sides but left the side we face alone.”
The renter said their neighbors tried to avoid asking them to enter their yard.
“In my opinion, they did this to claim damages for not having access to our side of the yard,” the poster wrote.
Know your rights
Homeowners have several rights when it comes to fencing rights:
- How high can you build a fence:
- In many residential areas, front yard fences may be limited to 3-4 feet in height, while backyard fences could be allowed up to 6-8 feet.
- To find out the specific restrictions for your property, consult your local government’s planning or building department.
- Consult a professional surveyor to help determine your property lines accurately
- What to do if your neighbor is building a fence too high:
- First, try talking with your neighbor about the issue
- Familiarize yourself with local fence height restrictions
- If talking doesn’t work, you can report your neighbor’s violation to your local planning or building department
- Who should pay for a fencing repair
- The responsibility for maintenance and repairs may depend on local laws and previous agreements
- If the fence is located directly on the property line and is considered a shared or “boundary fence,” the responsibilities may be different
- Higher a property lawyer to help with any other issues
[Source: Legal Rights]
“Can they actually force us to pay this? The landlord even said they are acting like idiots, but they are going to check with the city and let us know what to do.”
Commenters in the legal advice thread were quick to help out the renter.
One Redditor, who says they are attorneys in Virginia, says that it depends on the state code of Kansas, where the dispute is taking place.
“Many states mandate splitting of cost on shared fencing when you utilize it,” they replied.
The attorney cited the Kansas state code 29-301, which implies that the cost of building and maintaining the fence should be split equally between neighbors unless a different negotiation had been made.
Commenters did note that the fine should fall on the landlord instead of the renters.
The poster didn’t follow up with an update on the situation.
