Can my neighbor make us pay for half the fence he built without our permission? 7 Answers as of October 09, 2014

Our Amish neighbor put a fence up on the property line without our permission. We do not have livestock or anything to keep in, we do not need a fence. He put the original fence up while we were at work and did so without our permission and then presented us with a bill for half of the fence. We refused to pay it. He told us he was replacing the fence this month and we told him to get it off the property line, he said he wanted it left on the property line. He installed the fence and it is still on the property line, he claims the company that did the installation messed up. He says he can take us to court and make us pay for half of his fence.

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Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
He can try, but it probably won't work. You could asks the court to have it torn down.
Answer Applies to: California
Replied: 10/9/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
If you never gave consent, then you have no obligation to pay for half of the fence. Essentially your neighbor made an offer to split the fence, which you rejected. Since there is no contract, this is instead viewed as a gratuitous gift.
Answer Applies to: Michigan
Replied: 10/9/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
I cannot imagine how you will have to pay for something you did not request or order.
Answer Applies to: Georgia
Replied: 10/8/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
There is no court order or contract for the fence, so he will lose.
Answer Applies to: Michigan
Replied: 10/8/2014
Gates' Law, PLLC | Thomas E. Gates
He has no grounds to make you pay. Tell him if he takes you to court, you will seek to have the fence moved because it was located in the wrong place. Note - if it is on the property line, he really has a right to place it there.
Answer Applies to: Washington
Replied: 10/8/2014
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    The real question is whether it is on your property without consent. If so, then it is a trespass. You might be able to initiate a court action to either have the fence removed from your property at the other individual's expense. If multiple requests to your neighbor (perhaps in writing ) to have it removed are ignored you might have it removed and again initiate action to recover costs from your neighbor. however, I would urge caution with this alternative and use it only as a last resort. If your neighbor initiates litigation for recover of costs it appears you have a viable defense and then may consider filing a counter complaint based on the above.
    Answer Applies to: Indiana
    Replied: 10/8/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No he cannot. You never have to pay for a fence someone else puts up.
    Answer Applies to: Alabama
    Replied: 10/8/2014
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