QUESTION
Can my neighbor make us pay for half the fence he built without our permission?
Asked on Sep 29th, 2014 on Litigation - Washington
More details to this question:
Our Amish neighbor put a fence up on the property line without our permission. We do not have livestock or anything to keep in, we do not need a fence. He put the original fence up while we were at work and did so without our permission and then presented us with a bill for half of the fence. We refused to pay it. He told us he was replacing the fence this month and we told him to get it off the property line, he said he wanted it left on the property line. He installed the fence and it is still on the property line, he claims the company that did the installation messed up. He says he can take us to court and make us pay for half of his fence.
4 ANSWERS
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He can try, but it probably won't work. You could asks the court to have it torn down.
Answered on Oct 09th, 2014 at 4:32 PM
If you never gave consent, then you have no obligation to pay for half of the fence. Essentially your neighbor made an offer to split the fence, which you rejected. Since there is no contract, this is instead viewed as a gratuitous gift.
Answered on Oct 09th, 2014 at 4:26 PM
Michael J. Breczinski
There is no court order or contract for the fence, so he will lose.
Answered on Oct 08th, 2014 at 4:21 PM
Thomas Edward Gates
He has no grounds to make you pay. Tell him if he takes you to court, you will seek to have the fence moved because it was located in the wrong place. Note - if it is on the property line, he really has a right to place it there.
Answered on Oct 08th, 2014 at 4:15 PM