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Bridgetown Botanicals Shop: Bridgetown Botanicals

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Invisibletyrannicalrex
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PROPERTY AND FENCES
    #25266048 - 06/13/18 03:42 PM (5 years, 11 months ago)

Bought a house, the shared fence in the backyard is really old, leaning into our yard and pretty much rotting. Contacted the new current owner who is flipping it and says he is not interested in paying a portion for a new fence. A quick search online says the fence can not be torn down without both owners consent. The guy is being a jerk about it and saying he will re position the posts and replace some pickets.

If a dog gets back there that fence will be destroyed even more and get in our yard. We are doing landscaping and getting a new fence put up. All the other neighbors have agreed to do whatever we want in regards to tearing down the old fences that are shared. Is there some legal action I can take to make this guy pay for some of the new fence and tear it down anyway? I'm contacting the zoning board tomorrow to see what can be done from a legal and zoning standpoint. Looking to see if anyone knows some info I can use to persuade the zoning people in my favor when I talk to them. We have waited 2  months to start this project and this one guy is being a jerk. He said "I'm not interested, ask the new owners in a month when I sell it. I am repairing what is there and selling it." What can I legally do? I saved the texts and am taking pics to show the zoning board.

I told him if we have to put up a new fence next to the shared fence and the work done on the old fence damages our new fence he will be held liable for the damage. He went silent.


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Offlinepekin420
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25266093 - 06/13/18 04:06 PM (5 years, 11 months ago)

The guy bought the house to flip it so he's going to stick the least amount of money in the property to sell it which I get his point I'm not going to buy a property and fix stuff that I don't need to fix to sell it. If you want it done pay for the whole fence. I highly doubt the guy will have a problem if you pay for it his problem is is he's flipping the house for a profit. And if I was him I wouldn't want to pay for half of fence when I'm selling it and flipping it


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Anonymous #1

Re: PROPERTY AND FENCES [Re: pekin420]
    #25266115 - 06/13/18 04:17 PM (5 years, 11 months ago)

Put a new fence up a foot into your property line. turn him into building inspectors.

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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: Anonymous #1]
    #25266320 - 06/13/18 05:46 PM (5 years, 11 months ago)

It's a quoted 4,800.00 job total. His portion is almost 50% of it. I looked up the zoning and it said both parties have to agree to tear it down. We are also putting the smooth side to their yard so he is getting a better deal. We are matching an already existing fence with the boards to our yard. The zoning said the smooth side is responsible for 60% of the cost legally. All the other neighbors have agreed to all requests. The other neighbors that have the big portion already stated they can't pay for half. I could go to small claims and get it but I'm not a dick.

I asked for 1500.00- 2,000.00 initially. After some back and forth he realized what a good deal he was getting and finally agreed to tear down and remove the portion of the shared fence and 1,000.00 to us. I think he is still getting away with 500-1,000.00 but at least he's toting the trash away and it will be less for us in that respect. I think he also realized that we would win any legal battle due to the shape of the fence etc...feels good man!:grin: He was being a dick saying "I'm not interested blah blah blah, I'm repairing what's there."

I came back with "you're not going to live there and we are spending 40 grand on landscaping and it has to match. We can put up the fence in front of it, but it could be a haven for rats, squirrels, and who knows what else. It will only increase the price of the home". After he realized the great deal he conceded. Don't give in to people trying to dick you over out there!


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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: pekin420]
    #25266331 - 06/13/18 05:48 PM (5 years, 11 months ago)

Quote:

pekin420 said:
The guy bought the house to flip it so he's going to stick the least amount of money in the property to sell it which I get his point I'm not going to buy a property and fix stuff that I don't need to fix to sell it. If you want it done pay for the whole fence. I highly doubt the guy will have a problem if you pay for it his problem is is he's flipping the house for a profit. And if I was him I wouldn't want to pay for half of fence when I'm selling it and flipping it



I told him I understand that, but the law is on my side and he was being an unreasonable dickhead in action and morals. I fucking win! I'm saving the texts as well, and if he doesn't pay, claims court it is. He might have to pay more if it comes to that.


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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25266334 - 06/13/18 05:49 PM (5 years, 11 months ago)

I also stated that he would be liable for ANY damage to our new fence if he came in to repair it or tear it out later.:grin:


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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: Anonymous #1]
    #25266336 - 06/13/18 05:50 PM (5 years, 11 months ago)

Quote:

Anonymous #1 said:
Put a new fence up a foot into your property line. turn him into building inspectors.



I like it, but the work starts this weekend, problem solved.


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OnlineKryptos
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25266642 - 06/13/18 08:23 PM (5 years, 11 months ago)

Just out of curiosity, why bother? If you're already doing some landscaping, fences take maybe 10-15 minutes per post. Assuming you're not pouring concrete, that is. Just replace the fence and forget the neighbors, that's what I did when I moved out of my old place. Then again, we had a wooden fence with common and fairly cheap posts (~8$ each), so I just bought 20 and a post hoe and replaced the rotten ones in an afternoon. No point suing over like a hundred bucks.

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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: Kryptos]
    #25266679 - 06/13/18 08:42 PM (5 years, 11 months ago)

it's a 4,800.00 fence total. The old one is falling into our yard and has got to be at least 20yo maybe 30. I touched a loose slat and it snapped like balsa wood. We're getting the horizontal slat fence and matching an existing side that is new/the neighbors fence. Only replacing 2 sides. The 2 front pieces are new so no need to replace. It's a 1'4 acre lot total (.26 acre). It's a bit more than what you mentioned. This will only make their house/yard more pleasing as well as the neighbors houses and neighborhood.


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OnlineKryptos
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25266956 - 06/13/18 11:57 PM (5 years, 11 months ago)

Oh, I see. I was thinking more along the lines of:
https://en.wikipedia.org/wiki/Fence#/media/File:Westtown.jpg

That sounds somewhat reasonable, considering the fancy fence. Though, in relation to OP, I fail to see how you could get the neighbors to pay for it. Just as a devil's advocate play, I'd say fuck off, followed by if you come onto my property or otherwise influence it, I'd threaten legal action. Based on the facts of the case, I doubt you'd be able to argue against it.

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Re: PROPERTY AND FENCES [Re: Kryptos]
    #25267367 - 06/14/18 07:52 AM (5 years, 10 months ago)

Well the zoning site says both parties have to agree to tear it down and the one who gets the smooth side of the fence is responsible for 60% of the cost. Legally I am in the right especially since that fence is so old. Not to  mention If I did put one up in front of it there is a chance it could create a nest for all kinds of varmints, and if they damage my fence trying to repair the old one they are liable for damages. So he is getting a good deal and I'm actually being a nice guy in this situation. I did not have a dollar amount until the day I contacted the guy, granted it is short notice, but I really don't want the zoning people getting involved and I don't think he does either. It does state by law both are responsible for paying for it.:grin:


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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: tyrannicalrex] * 1
    #25267369 - 06/14/18 07:53 AM (5 years, 10 months ago)

Fuck that non private fence. I'm getting a hot tub and you know there will be nudity, lol!


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OfflineCrispy224
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25268957 - 06/14/18 10:17 PM (5 years, 10 months ago)

You sound like a horrible neighbor. I would hate someone coming onto my property telling me what to do with my own property. But that's just me. That's also why I live in a rural area. Theres no home owner association telling me what I have to do.


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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: Crispy224]
    #25269540 - 06/15/18 08:47 AM (5 years, 10 months ago)

There's no hoa, it is a shared fence. I'll post pics of the fence later. I really don't give a damn what that fucking flipper says because he doesn't have to love there. There's city codes, dog enclosure for the neighbors (maybe, I hope not. I have NO pets), and aesthetics at play here. By law on the zoning website the parameters are laid out, so how in the world am I being "horrible"? LOL! I'm not "coming onto their property" at all. Not to mention they are getting the smooth side and it states by law the person with the smooth side has to pay 60% of the new fence. Did you even read the whole thread? This is a 40k landscaping job as well. I don't want a crappy old dilapidated corroding fence in it! He's actually coming out ahead paying less AND getting a new nice fence by making this deal. If the zoning board and law gets involved he would pay about 500 more. So yeah, I'm a horrible neighbor,lol.


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Edited by tyrannicalrex (06/15/18 09:11 AM)

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Invisiblethetechnician
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Re: PROPERTY AND FENCES [Re: tyrannicalrex]
    #25286175 - 06/22/18 10:06 PM (5 years, 10 months ago)

.

Edited by thetechnician (07/13/20 12:36 PM)

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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: thetechnician]
    #25286826 - 06/23/18 08:53 AM (5 years, 10 months ago)

We also had a bit of trouble with another neighbor on one side that did not want us to remove the old 3 foot chain link fence on the property line. They admitted to moving the fence line to the existing fence about 18in into their line. I explained to them that if we put up another fence next to theirs that it would create a home for all kinds of varmints (squirrels, rats, raccoons, etc...). Once I explained all that they conceded and we came to an agreement that we could use their fence as one side of our total fenced yard, and we mimicked the fence so it matches.


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Invisiblegreygary
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Re: PROPERTY AND FENCES [Re: tyrannicalrex] * 1
    #25320913 - 07/11/18 04:47 PM (5 years, 10 months ago)

Hang a nazi flag on your side in plain view with a sign that says you will exercise your free speech until the fence is fixed. If he wants to flip it, I bet he gets onboard.

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Invisibletyrannicalrex
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Re: PROPERTY AND FENCES [Re: greygary]
    #25321008 - 07/11/18 05:44 PM (5 years, 10 months ago)

It's done a while back. He even gave me a 1,000.00. Still think he got off from paying another grand, but like I said, I'm a nice guy.


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OfflineAlan RockefellerM
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Re: PROPERTY AND FENCES [Re: greygary]
    #25323324 - 07/13/18 12:28 AM (5 years, 10 months ago)

Quote:

greygary said:
Hang a nazi flag on your side in plain view with a sign that says you will exercise your free speech until the fence is fixed. If he wants to flip it, I bet he gets onboard.





Haha that's hilarious.

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