Hooksett, NH asked in Uncategorized for New Hampshire

Q: Neighbor put up a fence and paid for it. Fence needs repairs. They’re demanding we pay for them. We believe it was due

To poor installation. No contracts in play. We live in NH. Do we share this responsibility even though we didn’t agree to this investment ?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In this situation, since your neighbor put up the fence on their own and there were no contracts or agreements in place, you typically wouldn't be responsible for repair costs. It’s important to assess whether the fence is solely on their property or if it sits directly on the property line, which could change things depending on local rules. In New Hampshire, boundary fences sometimes have shared responsibilities, but only if both parties have agreed in some way, formally or informally.

If the installation was faulty and caused the damage, you have a reasonable argument that it’s not your responsibility to fix what you didn’t cause. Without any prior agreement about maintenance or repair costs, it would be hard to claim you owe for repairs, especially if the problem arose from poor construction.

It might be helpful to have a calm discussion with your neighbor about the cause of the damage and why you believe it’s not your responsibility. In these cases, a resolution often comes from clear communication and understanding your rights.

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