Q: I live in a zero-lot-line community. The side of our house, a patio wall, and a wood fence extension on the end of our patio wall form the property line with our neighbor. The builder installed the wood fence extension to meet city code and enclose the neighbor’s yard since it has an open, non-enclosed pool. We do not have a pool. The fence extension is 30+ years old and needs to be replaced. Who is responsible for replacing the fence? —Tom

A: The answer depends on many factors, and the responsibility may be with you, your neighbor, the community association, or even be shared.

First, review your community’s association documents to see if the maintenance and replacement of the fence were addressed.

You should also check your survey, which you should have received when you purchased the property.

You can also look at other homes in your community to see if adjoining houses without a pool still have a fence extension, as this will help determine if it is just a pool fence or a design feature.

If your research confirms that the fence belongs to your neighbor and was built to enclose his pool, he will be primarily responsible for its replacement. If, instead, it is a community feature, the replacement cost will likely be shared or, better yet, paid by your association.

Even if your neighbor initially built the adjoining fence, you may have inadvertently assumed some responsibility to help replace it. When someone builds a fence on a boundary line, it remains theirs unless the neighbor starts using it.

In this case, both owners benefit, making it a shared responsibility. This would apply if you painted or maintained your side of the fence. However, if the fence had been left untouched for your neighbor’s sole use, full responsibility would have stayed with him.

We have all heard the expression that “good fences make good neighbors,” but in your case, you should not let a damaged fence ruin your relationship with your neighbor.

Speak with your neighbor and try to devise a compromise to replace the fence. Splitting the cost of a new fence extension may be a small price compared to the cost of creating animosity with the person you live next to.

As a lawyer, I recognize the importance of right and wrong, but over the last couple of decades, I have come to appreciate the value of getting along with those around you.

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