When a fence between two properties needs repair/replacement who is usually responsible for paying? Do both neighbors split it 50/50?

What about installing new one? Do neighbors split the cost? Sometimes? Never?

  • Who broke it in the first place? – Chris W. Rea Mar 13 '11 at 14:56
  • Uh oh, I smell a debate. Is this a legal question? – MrChrister Mar 13 '11 at 17:22
  • @Chris time did. It's just getting old. – Vitalik Mar 13 '11 at 18:43

I'm not sure where you live but in most places there is one, and only one, owner of a fence. Where one person's property ends the other person's property begins. Usually there is no "common" property. Therefore, the fence is located on one of the neighbor's property who will be responsible for the fence. If the other neighbor damaged the fence, however, that neighbor may be held responsible for repairing the fence.

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    Yeah, the fence usually belongs to someone and that will be registered at the deeds office or on the title itself. Neighbours are welcome to share the expense, but the owner is solely responsible. Unless, as has been indicated, there is a dispute... – Turukawa Mar 13 '11 at 18:21
  • Usually you can get a neighbor to pitch in by telling them that you're going to install the fence that you can afford, and offer to upgrade to a fancy-schmancy fence if they would like to pony up the difference. – duffbeer703 Mar 13 '11 at 19:27
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    Have a look at the title deeds for your property. Mine shows who owns the fences - I own the one on the left and across the back. My neighbour owns (and recently replaced) the one on the right of the garden. – uɐɪ Mar 14 '11 at 8:14

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