Legal Question in Civil Litigation in Oklahoma
Common Fence Cost Sharing
Before replacing my fence I discussed cost sharing with my neighbor. He was glad I was replacing it, so he wouldn't have to put his own up. He was then indignant that I was asking him to share in the cost of my fence. After I explained I would be doing all the work and he should consider it a bargain since I was only sharing cost of material with minimal amount for my own labor. I installed the 120' fence for $720 ($200 for my labor). The bid for having it built by a fence company was $1600. My neighbor was even more indignant and felt I was being ridiculous to expect him to pay for half of ''my fence''. I would not expect him to share at all if he didn't want to connect to it, but he feels since its there he should be able to tie-in and not share.
What are my rights as the fence owner? Am I limited to charging half of the cost, or would I have a right to bill him half the FMV? Additionally, how close can he get with his intersecting fence before its considered using mine?
Thank you very much for any assistance.
1 Answer from Attorneys
Re: Common Fence Cost Sharing
Your neighbor is not responsible for paying for any part of the fence. If the fence is on your property he may not connect to it without your permission. He may not put any part of his fence on your property without your permission. He can put his fence as close to your fence as he can get without crossing onto your property.