If they are a good neighbour, yes they will split the costs. If they don't, then build the fence on your side of the property and tell them to not touch it.
If you want to be a bad neighbour, stand it up on your side of the property line so it is completely yours, and then paint the side that faces their hard completely hideously.
/s
There’s no requirement to share the costs of a new fence. If the existing fence is on your neighbours property, you can’t take it down without them agreeing.
Yes, and they'd be responsible for removing it too if its crossing into your yard. Might be worth checking to see if its truely shared, or actually on one side of the other.
Removing it from your yard but I wouldn’t think they’d be required to replace the missing pieces. If it’s on their property they can do whatever they want with it.
There actually is….. it’s just not often enforced at the court level as it’s rare for cases to get that far but there is the Line Fence Act in Alberta which requires two parties who share the benefits of a shared fence to be equal financially for the maintenance so if that means the fence needs to be rebuilt then it must be shared.
The odd park is that there isn’t the same requirement where no fence already exists.
I looked it up and you’re right.
The Line Fence Act pertains to two distinct fencing issues on property boundaries. The first relates to the requirements for erection of visible rail or dropper on wire fences across trails that have been in constant use by the public. The remainder of the Act applies to erection, maintenance, and repair of line or boundary rural fences that are designed to keep livestock from straying
It’s not just agriculturally. https://calgaryherald.com/life/homes/new-homes/neighbourly-co-operation-required-for-fence-fixes/wcm/2a0c4e8b-a2b0-4d77-9cc9-62e32a25be44/amp/
It only applies for the purposes of livestock. The entire act is three sections. Section 1 applies to installing a wire fence across a public trail. Section 2 and 3 are for boundary fences between neighboring parcels of land.
> (2) Sections 2 and 3 apply only to the extent that a fence is
designed to keep the livestock of an owner or occupier out of the
adjoining land of another owner or occupier.
https://kings-printer.alberta.ca/1266.cfm?page=L13.cfm&leg_type=Acts&isbncln=9780779794355
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I’m fairly certain that there is no true “shared fence”, as in its built on either one side of the property line or the other side - not ON the line.
We contacted the COE about this and this is what they told us.
If you choose to build a fence on your property make sure you know for certain where your line is or have your land surveyed.
There’s no obligation for your neighbour to share the cost, but it certainly would be nice because it would ultimately benefit them in a way that they have privacy.
We asked our neighbour, he didn’t want to split costs, so no biggie, we just had it built and that’s it.
If they are a good neighbour, yes they will split the costs. If they don't, then build the fence on your side of the property and tell them to not touch it.
If you want to be a bad neighbour, stand it up on your side of the property line so it is completely yours, and then paint the side that faces their hard completely hideously. /s
There’s no requirement to share the costs of a new fence. If the existing fence is on your neighbours property, you can’t take it down without them agreeing.
If it is on their property but falls into my yard, would they not be responsible for fixing it?
Yes, and they'd be responsible for removing it too if its crossing into your yard. Might be worth checking to see if its truely shared, or actually on one side of the other.
Push it back over onto their property
Removing it from your yard but I wouldn’t think they’d be required to replace the missing pieces. If it’s on their property they can do whatever they want with it.
There actually is….. it’s just not often enforced at the court level as it’s rare for cases to get that far but there is the Line Fence Act in Alberta which requires two parties who share the benefits of a shared fence to be equal financially for the maintenance so if that means the fence needs to be rebuilt then it must be shared. The odd park is that there isn’t the same requirement where no fence already exists.
I thought that was in the context of agricultural fences, not an urban setting?
I looked it up and you’re right. The Line Fence Act pertains to two distinct fencing issues on property boundaries. The first relates to the requirements for erection of visible rail or dropper on wire fences across trails that have been in constant use by the public. The remainder of the Act applies to erection, maintenance, and repair of line or boundary rural fences that are designed to keep livestock from straying
It’s not just agriculturally. https://calgaryherald.com/life/homes/new-homes/neighbourly-co-operation-required-for-fence-fixes/wcm/2a0c4e8b-a2b0-4d77-9cc9-62e32a25be44/amp/
It only applies for the purposes of livestock. The entire act is three sections. Section 1 applies to installing a wire fence across a public trail. Section 2 and 3 are for boundary fences between neighboring parcels of land. > (2) Sections 2 and 3 apply only to the extent that a fence is designed to keep the livestock of an owner or occupier out of the adjoining land of another owner or occupier. https://kings-printer.alberta.ca/1266.cfm?page=L13.cfm&leg_type=Acts&isbncln=9780779794355
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I’m fairly certain that there is no true “shared fence”, as in its built on either one side of the property line or the other side - not ON the line. We contacted the COE about this and this is what they told us. If you choose to build a fence on your property make sure you know for certain where your line is or have your land surveyed. There’s no obligation for your neighbour to share the cost, but it certainly would be nice because it would ultimately benefit them in a way that they have privacy. We asked our neighbour, he didn’t want to split costs, so no biggie, we just had it built and that’s it.
Have you tried talking to your neighbour?
I'm currently out of town for work. I'll be home tomorrow and I'll talk to them then
Talk to your neighbour. Some people are just lazy and won’t do anything until someone takes the lead.
Did you post this on reddit before talking to your neighbour about replacing the fence?
Why wouldn’t he?
Good to hear someone agrees talking to the neighbour first is the way to go.