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Storm Damage to Fence

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What is the name of your state? California.

My son owns a home. A storm came through and 2 out of 9 8-foot sections fell down. My son's neighbor wants to replace the entire 75-foot fence with a new one, and tells my son his portion will be $2000. Also, my son contacted his insurance and his insurance will only cover the 2 downed sections. My son got 2 repair estimates for $600, whereas the neighbor only has to pay for $300.

My son took pictures, has a letter from his insurance company stating what they will cover and sent the neigher a letter along with these other items stating that he is willing to get the fence repaired and didn't feel that the entire fence needed to be replaced at this time. (My husband and I looked at the fence and the other 7 sections are in excellent shape).

When the neighbor first discussed this issue with my son, he said "why go through your insurance company", they will just raise your rates.... ( I was at his home helping him clean his carpets)...

The neighbor said he is going to get the 75-foot section of fence replaced anyway and sue him for his half ($2000).

Is this neighbor just pounding sand, or does he have a legal stance?

Please advise.
 


seniorjudge

Senior Member
dannysmyboy said:
What is the name of your state? California.

My son owns a home. A storm came through and 2 out of 9 8-foot sections fell down. My son's neighbor wants to replace the entire 75-foot fence with a new one, and tells my son his portion will be $2000. Also, my son contacted his insurance and his insurance will only cover the 2 downed sections. My son got 2 repair estimates for $600, whereas the neighbor only has to pay for $300.

My son took pictures, has a letter from his insurance company stating what they will cover and sent the neigher a letter along with these other items stating that he is willing to get the fence repaired and didn't feel that the entire fence needed to be replaced at this time. (My husband and I looked at the fence and the other 7 sections are in excellent shape).

When the neighbor first discussed this issue with my son, he said "why go through your insurance company", they will just raise your rates.... ( I was at his home helping him clean his carpets)...

The neighbor said he is going to get the 75-foot section of fence replaced anyway and sue him for his half ($2000).

Is this neighbor just pounding sand, or does he have a legal stance?

Please advise.


Q: Is this neighbor just pounding sand, or does he have a legal stance?

A: Neighbor is correct on damaged part; full of pig gristle on the rest.
 

Ohiogal

Queen Bee
dannysmyboy said:
What is the name of your state? California.

My son owns a home. A storm came through and 2 out of 9 8-foot sections fell down. My son's neighbor wants to replace the entire 75-foot fence with a new one, and tells my son his portion will be $2000. Also, my son contacted his insurance and his insurance will only cover the 2 downed sections. My son got 2 repair estimates for $600, whereas the neighbor only has to pay for $300.

My son took pictures, has a letter from his insurance company stating what they will cover and sent the neigher a letter along with these other items stating that he is willing to get the fence repaired and didn't feel that the entire fence needed to be replaced at this time. (My husband and I looked at the fence and the other 7 sections are in excellent shape).

When the neighbor first discussed this issue with my son, he said "why go through your insurance company", they will just raise your rates.... ( I was at his home helping him clean his carpets)...

The neighbor said he is going to get the 75-foot section of fence replaced anyway and sue him for his half ($2000).

Is this neighbor just pounding sand, or does he have a legal stance?

Please advise.

Whose fence is it? Where is it located? The neighbor can build a fence on his property without charging your son. I think we are missing some information here.
 
The fence is between both yards. It's considered the boundary of your property. It's a basic residential subdivision where all the homes are fenced in and you have a common fence between your home and your neighbors.

The 2 sections that are leaning over, are leaning into my son's yard.

As I said, there are just 2 leaning sections, not even touching the ground, and the other 7 sections are strong and stable. The neighbor wants to remove all 9 sections and replace with brand new fence, which he in turn says that my son has to pay for his half of the cost which would be $2000.

My son's insurance will only pay for the 2 sections to be repaired, not replaced. The neighbor doesn't want to use insurance companies. Wants to avoid his rates being increased, but he's willing to spend $4000 on a new fence, $2000 of which he wants my son to pay. My son got 2 estimates to repair the 2 sections which would cost $600 total, and that's not even involving the insurance company.

Sounds like to me, his neighbor just wants a new fence..
 

Ohiogal

Queen Bee
If I were your son I would tell his neighbor he will only consent to the repair ($300 expense) and if his neighbor wants to buy a new fence that is on him. And I would put it in writing. Your neighbor cannot take advantage of your son unless your son lets him.
 
Ohiogal said:
If I were your son I would tell his neighbor he will only consent to the repair ($300 expense) and if his neighbor wants to buy a new fence that is on him. And I would put it in writing. Your neighbor cannot take advantage of your son unless your son lets him.

My son typed up a professional letter, attaching photos of the fence, his insurance letter stating what they will and won't pay, and 2 copies of estimates for repair. For anyone who cares, here's the text:

Dear Mr. XXX:

It is my understanding that you wish to replace the 75-foot section of fence, which borders our properties. I understand the fence is leaning on only an approximate 2 8-foot sections of the entire fence. To my understanding you have received a quote in the amount of $4,000 to replace the entire 75-foot section of fence, which borders our properties. However, I do not feel this fence needs to be replaced just of yet.

I have spoken with my insurance company regarding fence after being contact by you. My insurance agent said he would not replace the fence unless it is “touching the ground” and only the section “touching the ground” would be replaced. Also, I have obtained a quote of my own from Reliable Concepts Corporation. Reliable Concepts Corporation has issued me a quote to repair the fence. The repair quote is $600. I am willing to pay half of the repair quote from Reliable Concepts Corporation to have this fence repaired.

In agreement with my insurance company and Reliable Concepts Corporation, I too do not believe this fence needs to be replaced, but repaired. Please let me know if you would like my assistance in getting this fence repaired. In our conversation on January 13, 2006 you stated you were going to “replace the fence anyway”. I am still willing to help out with payment but only in the amount of $300, which is half of the repair quote given by Reliable Concepts Corporation.

I have attached copies of:

Repair quote of the fence given by Reliable Concepts Corporation.
Written letter of explanation from my insurance company.
Photographs of the damage of the fence.

Sincerely,



Like I stated earlier. My husband and I looked at the fence and other than the 2 sections that are leaning, the rest is in good shape. My son got an estimate to replace the fence (to see what it would really cost) and it was only $2000. This neighbor's estimate was $4000.....Maybe he wants a trellis with decorations, who knows......
 

ralph31

Member
If I were in your shoes, I would privately get an estimate to replace the entire fence for no other reason than to further prove that your neighbor is the jerk he appears to be. My insurance company did not penalize me as to rates in a $6,000 claim from wind damage as this caused by mother nature.

If the ground is somewhat level along the fence line, you should be able to get a tentative estimate over the phone. If this fence is throughout the subdivision having been placed there by the developer, then replacing it at $52.00 per foot seems a bit high. As someone suggested, this neighbor seems to prefer that you pay for the fence while he blows smoke.

Walk your fingers through the yellow page, call a fence builder and say something like you want a general estimate for the removal of a fence and the labor and material charge for 75 feet of 8ft cedar/pine/whatever. I'll bet it is less than half of what your neighbor is suggesting.

Ooops, I noticed that your son has already found that this neighbor is trying to pull a fast one. $2,000 seems to make more sense than $4,000.00
 
Last edited:
Well, everyone. the neighbor put up a new fence. A very nice fence actually. It's got a lattice, and it's expense wood, new posts as well.

My son left home today, and when he got to work, the neighbor emailed him and said that there was a new fence going up. The email stated "that he used the "best" wood, all the posts are being replaced as well and that if he doesn't get $2000 (my son's 1/2) then he would have to pursue the issue further in court.

My son had already sent him (certified) a letter stating his position, copy of his insurance's position, pictures of the fence (prior to the replacement) quotes for a repair ($600) and a quote for a replacement of a comparible fence ($2000), which by the way, the contractor said the posts are in excellent shape.

My son got home and "what a beautiful fence" there is.... It's the type of fencing job most normal people would install in the front of their home to show it off, not a backyard fence. Anyhow, my son still stands on his position, so I guess we will see.
 

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