Constructing a New Fence With Neighbor

[Kwak]

Hello there,

My neighbor and I decided to replace the 40-year old wooden fence that divides our home. Within a few days, I will meet the contractor (hired by my neighbor) with my neighbor and discuss the estimate and ask questions about the project.

We will be replacing the wooden fence with a brick wall, six feet high and 100 feet length.

Just for my own safety, I want to compose a document indicating the exact measurement, the cost & labor of the job, warranty (if any), and the guarantee that the contractor will lay the brick wall precisely on the division line, not going over my property or the neighbor's property.



Things I have in mind. If I'm missing, please share your input. Thank you very much!

1) Get a written and signed estimate by the contractor.
2) Compose a typed document, signed by neighbor, myself, and the contractor, indicating the exact measurement of the brick fence, written promise that the fence will be layed on the division center.
3) Anything else I should have on the document?

[HayZee518]

you better check with your building department first! most city divisions require you to construct a fence one foot away from the line of demarcation.

[tom_matthews]

If you or the neighbor move away, what do you do about ownership of the fence? First one to go surrenders property rights?

[Distinctivescenes]

How about adding something in the contract about how the fence is to be paid for, like 50% from each of you so that you don't get stuck with the entire bill!

[mrcaptainbob]

Who will be responsible for repairs? Arbitration clause.

[leodlion]

Are you going to have brick around the perimeter? It will look odd if only one side is brick and the rest different.

[Aurora]

Time of completion, material specifications and workmanship whould all be covered. Mechanics liens and materialman liens should also be addressed.