Question for property owners , dispute on who pays for what , PLEASE HELP!! [ have diagram ]

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**LunaHound**

A quick question , how much normally would a 6 feet high fence that stretches for 112 feet cost o_O...
which im guessing the material used is wood.

And when they sell fence , is it per foot , or per square foot? or whats the usual
standard of price per "unit" they use?

Thank you!

**H.B.M.C.**

Well I don't know what makes you think I know anything about fences but I'd say that you pay a third.

They want the fence, not you. 1/3rd.
They broke your fence, not you. 1/3rd.
Just being a good neighbour and avoiding a conflict that will strew for years. Your 1/3rd.

**Kid_Kyoto**

Are you the owner of your house or do you have power of attorney from the owners?

If not then tell them to contact the owners, you have no right to agree, disagree or take any action. They can tell you whatever they want, give you any deadline they want, it does not matter, you have no more right to make this call than I do.

If you are, and if they damaged your fence then you owe them nothing.

**Orkeosaurus**

If they're not going to pay for the damage they've done to your fence, you sure has hell shouldn't chip in for theirs.

And even if they didn't damage your fence, they want to put their fence up where you already have one? Why on earth would you pay for that part of it?

I'm no fence expert, but it sounds like they're taking you for a ride. I say, calculate the cost of 1/6 of their fence (only the third not up against your fence is being used by you at all, that third is still being half used by them), subtract the cost of repairing your fence, and pay/recieve the difference.

**LunaHound**

Kid_Kyoto wrote:Are you the owner of your house or do you have power of attorney from the owners?

If not then tell them to contact the owners, you have no right to agree, disagree or take any action. They can tell you whatever they want, give you any deadline they want, it does not matter, you have no more right to make this call than I do.

If you are, and if they damaged your fence then you owe them nothing.

My parents are not in country and i cant reach them.

**Orkeosaurus**

Does she need power of attorney, though? From the diagram it's being built on the neighbor's property.

**LunaHound**

Orkeosaurus wrote:If they're not going to pay for the damage they've done to your fence, you sure has hell shouldn't chip in for theirs.

And even if they didn't damage your fence, they want to put their fence up where you already have one? Why on earth would you pay for that part of it?

I'm no fence expert, but it sounds like they're taking you for a ride. I say, calculate the cost of 1/6 of their fence (only the third not up against your fence is being used by you at all, that third is still being half used by them), subtract the cost of repairing your fence, and pay/recieve the difference.

Yes thats what i believe too , that they destroyed the fence on purpose and hopefully , they get to have a fence for half price.
I asked them in the beginning , why dont they just repair what they broke. They said the fence doesnt look good next to their new house.
So yes... i dont trust them since the very beginning.

So basically (this is what i think)

They dont have fence , we do , but they dont like how it looks.
They want new one , but dont want to pay for it all.
Break my fence , and ask for half half...
Hope i fall for it.

**Kid_Kyoto**

Again, unless your parents left you power of attorney in writing you cannot alter their property or spend their money.

Tell the neighbors how to get in touch with them or to wait until they're back in contact.

**LunaHound**

Kid_Kyoto wrote:Again, unless your parents left you power of attorney in writing you cannot alter their property or spend their money.

Tell the neighbors how to get in touch with them or to wait until they're back in contact.

Ok , but either way should they fix the fence they broke first?

Or wait till my mom come back?

**Orkeosaurus**

You might as well wait until your mom comes back, unless there's a dog you need to keep out of your yard or something. Fences aren't that pressing of an issue.

**LunaHound**

Orkeosaurus wrote:You might as well wait until your mom comes back, unless there's a dog you need to keep out of your yard or something. Fences aren't that pressing of an issue.

Well , seem that they are sneaky and probably did it on purpose , and if i dont agree to their terms.

What if months later they just say " oh it was already broken , not by us! "

**Orkeosaurus**

Well, what evidence do you have against them now?

**LunaHound**

Orkeosaurus wrote:Well, what evidence do you have against them now?

When it first happend ( the machinery crashed the gate ) the tenants were at home. we do have a pic , but not of the machine , just the gate
When the other part of the fence were broken ( their building materials were shoved through our fence ) we took pics.

**Nurglitch**

If they already went ahead and broke your fence, and then tried to bully you into agreeing to pay half of their new fence, then you should firstly take pictures time-stamped so that the extent of the damage is clear (though really it would have been better to have them on file), and any further damage that they do will be obvious.

Then cease further contact with these people (except, you know, to document any further destruction of your parents' property) and make sure that your parents retain a lawyer.

**Kid_Kyoto**

Assuming you're underage, assuming your mom owns the house, then you cannot do a thing until your mom gets back.

Let the neighbors know that you're not the one to talk to.

**sonofruss**

First you need picks of the fence before they built the house then after they built the house to prove they ruined your fence. Building fences is not cheap depending on what they are made of it could be any where between $50-$100 a foot.
I think we need a dakka war on lunas neighbors.

**Ironhide**

What does Canadian property law say on this matter?

If this were in the US, the builders who broke the fence and gate would have to pay, or repair what they broke. As far as the neighbor wanting to build a fence, you wouldn't have to pay for gak. When they build the fence, they need to make sure it is on their property, not yours. If they fence does end up on your property, you are well within your rights to take down whatever is on your property. This is how it would go in the US.

In the future when you notice damage to your property, it is best to call the police so they can file a report on it.

By any chance does your parents have homeowner's insurance?

**LunaHound**

Even though they are "neighbors" , they are not the type that we normally be expected to have years of good relationship.

They are the type that constructs , live in there for X amount of month , and be able to sell it with 1 less taxable fee.

Automatically Appended Next Post:

Ironhide wrote:What does Canadian property law say on this matter?

If this were in the US, the builders who broke the fence and gate would have to pay, or repair what they broke. As far as the neighbor wanting to build a fence, you wouldn't have to pay for gak. When they build the fence, they need to make sure it is on their property, not yours. If they fence does end up on your property, you are well within your rights to take down whatever is on your property. This is how it would go in the US.

The problem is , i think they already built it , and they want me to go pay for it tommorow(?)

**Orkeosaurus**

Then feth them. They want to make you pay for their investment? feth them. Don't even be polite, there's nothing to be polite about. Don't talk to them, if I were you I wouldn't even bother to tell my parents about the little "offer" they're making you. Just make sure you have documentation of any damage they do, and have it at the ready if your parents decide to take them to court.

**Nurglitch**

Seriously, do not write a cheque, do not give them money, and if possible call the cops (and a lawyer: if you live around the GTA I can make recommendations).

**LunaHound**

Orkeosaurus wrote:Then feth them. They want to make you pay for their investment? feth them. Don't even be polite, there's nothing to be polite about. Don't talk to them, if I were you I wouldn't even bother to tell my parents about the little "offer" they're making you. Just make sure you have documentation of any damage they do, and have it at the ready if your parents decide to take them to court.

How long can the law wait for us to take them to court?

**Orkeosaurus**

If they already built it - without you having agreed to pay them (if you're a minor you probably can't legally agree to this anyway) - and they still expect something from you - don't give them gak.

**Ironhide**

If they already built it, then that is on them. Did you ask them to build it? No? Oh well, their problem.

**Orkeosaurus**

The statute of limitations for destruction of property suits probably depends on your province.

**LunaHound**

K , i guess from the over all consensus , they are without doubt in the wrong.

I'll ask them to repair the fence one last time tomorrow , and tell them we dont want a new fence. They'll have to pay for their own fence if they want one.

( should i tell them we'll take them to court if they dont fix it? )

**Orkeosaurus**

I wouldn't tell them that. It would be your parents bringing the suit, and until you know their opinion on it, you'd be (informally, of course) committing them to something they're not agreeing to.

**LunaHound**

K , i called the police , they said its civil matter. So no police.

Knowing my mom , she would rage and sue them to death.
I just dont see that to be necessary... so i will be nice and ask them to fix it for the last time tommorow ><

**Kilkrazy**

I have dealt with this exact situation in England.

You have to take into account that Land Law differs from country to country.

In the UK you would consult the Land Registry who would usually be able to tell you who legally is responsible for the upkeep of a length of fence. Ownership should be shown on their plans by 'T' marks on the fences.

If there are no clear 'T' marks to show ownership, you have to come to an agreement with your neighbour about whether to share the cost or one or other party taking it over completely.

The person who pays for the fence owns it and may stop the other neighbour from letting plants grow on it and stuff like that.

In my experience, that length of fencing would cost about £2,200 in London if you shop around for a good price. The cost include wooden posts, installation and carting away the rubbish of the old fence. Obviously the cost in Canada could be very different. The cost in Tokyo was about £7,000 for a lower quality fence.

If you manage to persuade the neighbour to erect the new fence, make sure to take clear photos of the line of the fence before it is built or they might edge the new fence a couple of inches over onto your land.

**Wrexasaur**

Seriously Luna, property disputes are not something that you should be taking advice about from Dakka. As you are a minor, these people are clearly farting right in your face, and should be completely ignored while you wait for your parents to come back.

DO NOT TALK TO THEM ANY MORE. AT. ALL!!!

Property disputes can get mind-numbingly messy, and your local laws are going to be resolving the dispute anyway.

I won't give you any advice, as I feel it would be generally useless. I will say however, that your neighbors sound like complete freaking douchebags. Be VERY CAREFUL.

Actually, one tiny bit of advice, which would be take as many photos as possible. Do not skimp on this, it is generally the way these disputes are resolved. You may have to pay for a surveyor to plot your property out, but I have a hunch that you will end up paying for nothing beyond that.

**Kilkrazy**

BTW if the neigbours broke your fence they are liable to replace it at their expense, not demand you build a fence for them.

Like Wrexasaur said, they are douchebags who are trying to take advantage of you.