"Good fences make good neighbors," wrote Robert Frost in his poem "Mending Wall." But I'm sure he didn't think it would have as much a modern connection as it does with today's fence-riddled subdivisions.

We spend more than $1.6 billion per year on fences, according to the American Fence Association, which represents 2,000 fence companies with 85,000 employees. If you look out your backyard, though, whose fence are you viewing? If it's like my backyard, you inherited the fencing from previous owners -- who probably inherited it from the owners before them, etc.

Good fences, truly, do make for good neighbors. However, what do you do when the fence needs mending? Whose job and responsibility is it to care for the fence? If your neighbor put up a fence many years ago and now it's dilapidated, is it up to them to keep it repaired or can you intervene?

The lots in my community are cut in such a way that I can see five neighbors' yards from my patio. In those yards, I see five different fence types -- all wood, but varying styles. Just this past fall, my good neighbor behind me replaced his whole fence and asked if I would assist in financing the section that set between our lots. Since my male breeding pup had been slipping through the old fence and marking his yard -- plus I wanted a newer model toward the back -- I agreed. And now I have a fantastic new fence on the back -- but it doesn't quite match the weathered fencing on the three other sides of the yard.

Actually, I wasn't sure if those fences were mine when I first arrived. When it wasn't being maintained by the other neighbors, I decided to purchase the required planks and fencing to mend a few spots. When I started tacking up one of the areas, my other neighbor came by and apologized for me fixing "her" fence. So, I dug out the survey to see who really owned what and for what I was responsible. Right there in teeny-weeny hash marks was the fencing inside of my property line. As you can see, what we assume many times can cause confusion.

Considering what this would mean financially, it made me wonder, what if I had not liked the style fence my neighbor had selected -- and what if the portion to me was for a more luxurious fence than what I would have constructed? Why should I pay for a third of a fence I don't like?

Many community associations have created rules in governing fencing, requiring photos of the desired fence, permission from the neighbor who would be affected by the fence and other qualifications. Even some towns have put together "fence regulations." The Town of Ajax, Ontario, Canada includes pretty good common sense approaches to fencing your yard, such as first talking with your neighbor before repairing or putting up a fence. Also -- this town defines what the "basic fence" would entail so that a neighbor with simpler tastes is not required to split the cost 50/50 for a more extravagant construction. Here's a peek at some of their regulations which could be used as a rule of thumb in planning your own fence project:

• Talk to your neighbor before repairing or putting up a fence. You may be able to agree on the details and cost sharing.

• The costs includes total cost of the construction, reconstruction, maintenance or repair as well as the value of the labor if someone is hired to do the work.

• The cost is assumed to be for a "basic" 1.2-meter (4-foot) high chain link fence with concrete footings.

• The cost division should be 50 percent (half to each owner) of the actual cost of the work, unless the owner and neighbor agree to a different cost sharing.

• If they cannot agree, the neighbor shall pay 50 percent (half) of the cost of a "basic" fence, or 50 percent (half) of the actual cost, whichever is less. The owner pays the rest. Therefore, if the owner wants a more expensive fence than a "basic" fence, the owner must pay the extra cost.

Other issues to consider:

• Be sure to install the fence according to the limits of your property line (look over the survey) and do not build on common property (just because you're part owner in common of this property, doesn't give you rights to build on it).

• Check home owner association rules for stylistic and physical limitations. You don't want to invest in a bright white picket fence and find out all fences must be natural in color.

• Check with the local building codes to ensure you don't violate any county or city zoning regulations.

• Pay for all building permits necessary to construct the fence -- you could get a visit from the local inspector with a summons in hand, along with fines and penalties for not abiding by the rules.

Published: February 20, 2004

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Mr. Carr is an award-winning real estate broker in Northern Virginia and authored "Real Estate Investing Made Simple: a commonsense approach to building wealth." He also contributed to Donald Trump’s book, "The Best Real Estate Advice I Ever Received," and is an active trainer and coach of top producers in the Washington DC market. As a sought-after expert on real estate, Mr. Carr has been featured on CNN, various broadcast outlets and was the former real estate editor for The Washington Times. He accepts questions at his blog www.RealEstateOlogy.org.