Legal Question in Real Estate Law in Kansas
Partitioned fences
We recently bought a house and finished the fence in the back yard. Our neighbors demand that we pay them half of the cost of the pre-existing fence since we attached to their fence and their fence is 3 inches on their property. We technically did not attach to their fence. Do we have to pay?
1 Answer from Attorneys
Re: Partitioned fences
Generally no. You might be liable if you live in a planned unit development or other planned community which may have homeowner association requirements for such cooperation. But generally if you do not agree with a neighbor in advance of the construction of a common fence, you do not have liability. You might want to point out to your neighbor, if appropriate, that you would have specified design, material or other changes which you would have preferred.