Community Fence
I have a neighbor that fell on hard times(at least that's what he told me) when the community fence we share was in need of replacement. He said that he would pay his fair share when he was able. I have a signed contract from his wife but on the signiture line she signed her name and (GATE). They did have their gate replaced and paid the contractor cash.
I have not had any payments made for their share and he avoids the subject with excuses each time I bring it up. We use to be close friends, but over the last few months the wife has turned against our relationship. Last night he mentioned that they were selling the house and moving the AZ.
I'm feeling that I'm out the $700 he owes me.
Q. Is it worth the chase for the money
Q. Can I file a lien on the property
Thanks for your advise
GA :-?
A questionf or an attorney. Many states provide that you must share costs of repairs and replacements on a fence that runs down the property line.
Small claims court is better for this as you will eat up the $700 in fees.
HAve you asked him about the $$ and when he is going to be able? "Tell" him that you don't want to put a lien on the property as that would make it hard for him to sell but you have obligations and the $700 is too much $$ for you to lose right now.,
See what he says. I have found that being open and direct is the best in these situations.
[addsig]
So it seems that between Heaven and Hell there is a big fence. And, as things happen, as time went by the fence began to need repair. Eventually St. Peter and the Devil make an appointment to walk the common fence and discuss what work needs to be done.
"See, here" says Peter. "In this place the fence post has almost completely rotted away. Sombody could lift the fence and crawl underneath it."
"Yes," says the Devil, "you should do something about that Peter."
They walk on down the line and they come to another spot,
"See, here the wire of the fence is very rusted and someone could easily break through the fence."says Peter," in this place the fencing needs to be replaced."
"Yes," says the Devil, "you should do something about that Peter."
This continues and each time the Devil says that Peter should fix the problem.
Finally Peter attempts to reason with the Devil."this is a line fence. Its maintenance should be a common expense. You should maintain half the fence."
"Well", says the devil. "Its really not that important to me whether we have a fence here or not. If you want it fixed, fix it."
"Ok" says Peter "I'll get a contractor and when the work is done I'll tell him to bill you for half the work."
"Hold on," says the Devil. "If you want to fix the fence go ahead but I'm not paying for even half of it."
"But its a common fence "says Peter", if you don't pay I'll file a lein."
"File your lein", says the Devil, "I'm still not going to pay".
"If you don't pay I'll sue." says Peter.
"So sue me!" says the Devil. "Where in Hell are you going to get a lawyer?"
Look, its 700 bucks between a neighbor who used to be a friend and is down on his luck. Let it ride.