If necessary, am I justified to sue my neighbor for half the cost to repair a blown down fence from wind damage?

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If necessary, am I justified to sue my neighbor for half the cost to repair a blown down fence from wind damage?

Blizzard conditions blew down a 20 year old fence that sits on the property line between me and my neighbor. They just recently moved in but I think they are renters, as they don’t seem to care about the fence being down. I’ve tried to ring their doorbell to talk to them about it but will not answer the door, even though I know they are at home. I’ve already received a quote and have filed a claim with the insurer but they mention they’ll only pay half of the outstanding cost since it is the joint responsibility of both home owners to have it repaired. That being said, if the owners of the property next to me refuse to come to an agreement to share the cost for repair of the fence and I end up paying out of my pocket, can I sue them for $505 of the total cost?

Asked on March 19, 2019 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you cannot sue them to make them contribute: there is no law requiring them to have a fence, so they are free to not repair it and leave it down. Also, if a blizzard blew down the fence that was not their fault, so are not liable by reason of having been negligent or otherwise at fault.


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