Legal Question in Personal Injury in Oklahoma

Installation of privacy fence

I recently paid $2770 to have two sides of a fence installed. Prior to installation, I queried the two neighbors to ask if they would be willing to pay $400 (approx. 1/3 the cost of each side) and both agreed. One neighbor has paid but the other refuses now that the fence has been installed. Do I have any recourse? May I remove 1/2 the fence and refuse to allow him to connect to the posts I have paid for? Any advice would be appreciated.

Asked on 5/10/09, 4:47 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Installation of privacy fence

One option to consider is to sue to enforce the oral agreement. It would be a small claims suit, and you could go to the courthouse and try to navigate the process yourself, without an attorney. In Oklahoma, oral agreements are valid; you need to show there was an agreement for him to pay if you put up the fence. The neighbor that did pay may be a good witness for you in attempting to prove the agreement.

As for removing the fence and refusing him connection to your posts, if the fence and posts are on your property you are probably within your rights to do so. You may want to check for any applicable city codes, easements, or community covenants.

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Answered on 5/11/09, 9:32 am

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