[WSBARP] Fencing Issues - Seeking a second to pick your brain

[msafren at jennylinglaw.com]

Hello Fellow Listservers:

 

I have an interesting situation regarding fencing and fence replacement and
I wanted to ask the listserv their thoughts on the matter.

 

Facts:

I have a client who wants to replace a boundary fence to replace failing and
damaged fencing on client's property.  Three other neighbors have agreed to
share the costs for the replacement and installation of the fencing, but a
fourth will not.  Notice was sent pursuant to RCW 16.60.040 that client
intended to replace the failing fencing with new fencing and provided both a
quote for the replacement and the requested contribution and cited to RCW
16..60.020 - 16.60.040, which as I read it state that adjoining property
owners must share in the cost for a boundary fence and if one will not pay,
then the cost is recoverable by law. 

 

Neighbor has responded that instead of replacing the fence consistent with
the quality, materials, and aesthetics of the new planned fence, neighbor
will hire a relative to repair the existing fence.  Relative is a licensed
contractor, but this is clearly not an arm's length transaction.  Further,
my client has had an unpleasant experience/ confrontation with the person
who would serve as the contractor to the point where the police were called
and responded. 

 

I believe that the offer is only made as an attempt to avoid the neighbor's
responsibilities under RCW 16..60.020 - 16.60.040 to pay for the fencing and
disrupt my client from installing fencing that she and the other neighbors
have agreed to.   Further, it feels like it was done in bad faith. 

 

Does anyone have any insights into these issues? If the neighbors began work
to repair the fencing without my client's permission or approval, would my
client have claims such as trespass, trespass to property for repairing the
fence?  Would my client be financially responsible for any of the repairs?
RCW 16..60.020 - 16.60.040  only appear to speak to installation or
construction of fencing, it does not speak to fencing repairs.  Further,
there would likely be notice issues as RCW 16.60.040 requires "reasonable
length of time" to pass after giving notice, but doesn't define what would
be reasonable.  

 

Would my client need to obtain a TRO to prevent the neighbors from taking
action to repair the fence because the client does not consent to the
repairs?  Would my client need a declaratory judgment from the Court first
before removing the damaged fencing and installing the new fencing?  

 

I've conducted legal research into the matter, but there appears to be a
paucity of decisions on these matters.  

 

Any thoughts, opinions, insights, experiences are appreciated.  

 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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