Fence Woes.

I’m pretty sure I’ve mentioned before how much I hate wind…  ;)   (at least on its own.)  Well I discovered that the recent heavy winds have separated the fence between myself and my neighbor to the east.   Part of it is now leaning over on my side, and part of it on his .  Where two sections that once were attached are now apart leaving a gap large enough for someone to get through.  This is scary to me and I want it fixed ASAP.

I am unsure of the laws governing fences that separate properties.  I believe it is owned by both of us.  Anyway I had a handyman come out – he said three posts were rotted and need to be replaced, but after that he can attach the fence sections to the new posts.  He quoted me 200 total for the work. 

I decided to go ahead and get it done --  but I needed to contact the owner of the house next door.  I had been led to believe by other neighbors that the people there were renting.

Worse, a few months after I moved in I was visited by someone claiming to be a bail bondsman who was asking “what did I know about my neighbor”  and he pointed to that house.   I said I had just moved in and knew nothing.  (I still do – know nothing – I keep mostly to myself).   He asked me about fencing and at the time I told him I had a large privacy fence and he went GOOD.  So needless to say this scared me.  Even though he didn’t come out and say it, he seemed to indicate that someone was on that property who was out on bail and may “jump bail”.  Else why would he be there?  He himself was scary because he wasn’t dressed officially and I didn’t see a car anywhere.  – I called 911 on him that night only to be told that there was a bondsman in the area and they are supposed to call and inform 911 that they are in the area. (Which he did).   So I believe he was legit.  Thus all this time I believed my neighbor – or someone living there, was possibly a dangerous criminal.  So you can see I was really *thrilled* at the possibility of having to talk to him.

Well I saw someone outside on Sunday, so I went over there.   It was the owner’s son, the son called his father and I discovered he is the owner of the house.   He looks different then the people I saw last summer – so I dunno maybe there WERE renters there last year (maybe still there?  Like a roommate?) 

Turns out he is on the brink of foreclosure.

The story he told me made me wonder if Hud is really this mean.

He apparently bought the house as a hud home (perhaps years ago? he didn't say) the day of closing they turned the water on.

... and the house was completely flooded.

He had to spend 25k ... that's 25 THOUSAND to even move in to fix up the inside due to the flooding. And HUD pretty much said "sorry charlie!"

I admit I wondered if an inspection was done, but I didn’t ask.

The story made me vow - to NEVER EVER buy a home unless I can run water in all the sings first and flush the toilet. Ie I wouldn't sign a contract until the water was turned on- most likely in request for the inspection.

Anyway this guy put ALOT into the house, then got in trouble and tried to re-finance... but was told it wasn't considered a HUD home (anymore?) I'm not sure what that has to do with re-financing... maybe because it was bought as a hud home it needed to qualify as such to be able to refinance the mortgage?   Anyway he got mad... and stopped paying for 6 months. (wince!) I think he should have tried other places to re-finance. Anyway he has since made a deal with the mortgage company and has been paying extra even. He is still working with them, and he is not sure if he is going to just throw in the towel and let them take the house - or try to get back on top of it.

BUT if he DOES work it out with the mortgage company he was thinking about hiring a landscaper to redo his landscape (which is full of weed) including.. TEARING DOWN AND REDOING THE FENCE!

I told him... well I'm willing to pay 100-200 to fix it but not thousands to replace it! (I have no idea how much 1/2 the fence would cost). My gate is attached to it as well as my back fence... the back fence is mine because my back neighbor has their own fence.  My understanding is the fence to the side I jointly owned and I don't want someone to tear it down without my say so. I mean *I* wouldn't tear it down without his permission so why should he be able to?

I asked if I could have my handyman quote a price (because it may be cheaper than a pro landscaper- which actually he is but he charges less) and my neighbor was cool with that... so we will see where that goes - but I'm going to talk to my lawyer (pre-paid legal) and see what the use laws are in Colorado first. - JUST in case.

Because even if he goes the other way and the bank forecloses on the house - the NEXT person may want to tear down the fence - so I need to know. I don't want to be forced to pay for half, and I don't want less than a 6' privacy fence replacement.

My nightmare is someone will want to replace it with a cheap see-through chain link.