Neighbor and fence

[Dijon1975]

Good evening fellows,

I am living in Edmonton and am having an issue here. To my right side is neighbor A and left side is neighbor B. A want to build the fence on the property line by himself. B want to build the fence through a professional guy. A approached me 2 months back & said my share of the cost will be only $300 and i said i cannot build before B agrees for the design and structure as i want all 3 sides of my backyard to look same. I told A to build on his own property for which he refused and said he is going to build on the property line.

Now i had a discussion with B and she said she do not want the design given by A and she wants different. Yesterday A met me and said he is going to build the fence in our property line by this weekend. Now the question is

1) Can A build the fence on the property line without my consent? What can i do legally to stop this in Alberta?
2) I really do not care for the money, but i want all sides of my backyard and fence to look same.

Please advice.
Nureya

P:S: Also what all things have to be considered while building a fence? like post size, type of wood etc....Any suggestions

[Okotok]

Having three people agree on the same design would be a challenge. What about if one of their adjacent neighbours has a different design? Are you the only one then with the same fence all around? Sounds to me like a compromise is in order. Legal options aside, being good neighbours is a good thing. Just my opinion.

[Dijon1975]

But what can i do? even i want a professional guy do the job. But A want to cheapout and do by himself, but i do not want 3 different designs on 3 sides and thats my only concern.

[MooseRiverTrapper]

What if you paid for all 3 sides?

[Okotok]

It's a civil matter if there are issues. He/she will have to build within their property lines if there is a dispute. He can't build anything that encroaches onto your property without your agreement. Good luck.

[Okotok]

Originally Posted by MooseRiverTrapper

What if you paid for all 3 sides?

That would be a potential solution.

[Dijon1975]

Thats exactly i told to both my neighbours. I will build my own fence in my property, but it wont be right now.

[Dijon1975]

So without my consent, he cannot build in the property line. Is that a fair statement to say? What if he did not care and start building the fence this weekend. How can i stop?

[Trochu]

He can't technically build a fence on your property, period. If he does, you are within you rights to rip it down if so desired, but how you'd go about that I have no idea if half a 4x4 post is on your property and half isn't. Assuming $300 is half, $600 isn't much of a fence. Is it super cheap or just a small area? I spent about $400 on posts alone for 2 of 3 sides in my backyard and I've got a small yard. There was cement, 2x6, 2x4, 1x6, two gate packages, and hardware on top of that. Could you just bite the bullet and cover your side of "his" fence with the desired design?

[Big Sky]

Does 'A' have an existing fence so that you can see the quality of his work? I'd be cautious as a lot of people have no idea how to build a fence.
How long is this fence? $600 is not a lot.

We have 3 different fence styles at our place. They are all 6ft tall and fairly similar but not identical. All stained the same colour on our side. No one notices.

[Norwest Alta]

Originally Posted by MooseRiverTrapper

What if you paid for all 3 sides?

This then it's done the way YOU want it.

[Cement Bench]

read the provincial statute called

the line fence act

Cement Bench

[expedition]

Not everyone is going to have three sides the same. Not possible. Only way is to do it first! They beat you to the punch. Have a couple beers . Imho

[elkhunter11]

When I was building a fence, none of my neighbors wanted to pay anything towards it, so I built my own fence , on my own property. I ended up paying about $2000 for three sides, for 4x6 posts, boards and concrete back in 2009. I am the only one in my block with the same fence all around my yard.

[sillyak]

Not to hijack, but from you experienced fence builders. What is the going rate for your typical suburban fence, nothing too fancy, two gates. $/foot diy vs. Pro job.

[Dijon1975]

What do you mean by two gates? you mean two openings on the back? why do you need two gates?

[sns2]

You seriously need to step back and count the cost. Good neighbors are priceless. Bad neighbors... well you get the picture. It just ain't worth it.

[dodgeboy1979]

you are looking at about $25-$35 per linear foot for a 6 ft tall fence. Posts are extra depending on what you want ie 6x6, 4x4 etc... Personally i wouldnt go with anything smaller than a 4x6 as you get too much warping.

[Dijon1975]

But what i dont understand is, why should i settle down for a unstable fence while all 3 of us can sit and talk and come to a conclusion. If A does not want to do it, why should i settle down for his own ego?

[Suzukisam]

If he builds it. You would not have to pay if not in agreement. But with that said he could paint your side pink and nothing you could do about it if he’s on his property. That’s why they say if not in joint agreement build it 6 inches onto your property. That way there is no dispute if they get a survey done it’s all yours

[sns2]

Invite both neighbors to your place for a beer to discuss. Tell them it will take 15 minutes.

[dodger]

Originally Posted by elkhunter11

When I was building a fence, none of my neighbors wanted to pay anything towards it, so I built my own fence , on my own property. I ended up paying about $2000 for three sides, for 4x6 posts, boards and concrete back in 2009. I am the only one in my block with the same fence all around my yard.

Ha, I did the same thing. Built my fence 3” into my property and I now have complete control. One house under construction at the time. The other neighbor I told him he gains 3” of property and I am stuck with maintenance as it is my fence. He jumped on that.

Dodger

[Sooner]

If you can't get them to agree, then advise them "their" fences need to be on their side of the property line, not down the middle and your fence will do the same. And hope you never have to re paint or stain the outer edges of your fence .

Tough to appease 3 parties.

Hope it works out.

[dodgeboy1979]

Check with your local bylaws. Some cities require a certain style of fence to be built, your neighbor my not be able to cheap out....

[.257Weatherby]

Originally Posted by Okotok

It's a civil matter if there are issues. He/she will have to build within their property lines if there is a dispute. He can't build anything that encroaches onto your property without your agreement. Good luck.

Exactly, the guy wanting to build on the property line can not dictate what your side of the fence will look like or how much you are going to pay let alone what to color paint or stain.
Call a legal beagle and get 30 minutes free advice.
In the end it is up to you and how you wish to proceed.
Rob

[masalma]

Me and my neighbor went 50/50 on our fence. We used 6x4 treated posts and treated lumber for boards. Don't waste your money on rough boards as it will look like junk in a few years.

We went split on the material and augur rental and invited our friends for a bbq and put everyone to work. It is a cappy situation you are in. If they want their own designs let them build it on their own property and they pay for it. Trust me you will be the only one that will notice the difference, most people won't even give it a 2nd look. And you won't have to pay for anything. Just grab a cold beverage and watch them, and gain a few inches of property 😀

[jstubbs]

Originally Posted by Cement Bench

read the provincial statute called

the line fence act

Cement Bench

Do this before you do anything else. Seriously.

[kilgoretrout]

Originally Posted by masalma

Me and my neighbor went 50/50 on our fence. We used 6x4 treated posts and treated lumber for boards. Don't waste your money on rough boards as it will look like junk in a few years.

We went split on the material and augur rental and invited our friends for a bbq and put everyone to work. It is a cappy situation you are in. If they want their own designs let them build it on their own property and they pay for it. Trust me you will be the only one that will notice the difference, most people won't even give it a 2nd look. And you won't have to pay for anything. Just grab a cold beverage and watch them, and gain a few inches of property 😀

Just remember its on their property and you can not paint stain or do anything to it.....

[C2C3PO]

Originally Posted by jstubbs

Do this before you do anything else. Seriously.

As an FYI the Line Fence Act in Alberta is intended to speak to issues pertaining to rural boundary line fences and in particular instances where livestock is present.
It is limited in its' scope and is interpreted primarily for that purpose.....

[repsol1k]

When I built my fence it was my understanding it could only be on the property line with permission of all parties. I had a company drill my hole and cement posts. The company would not do it on the property line till I had written letters from both sides