Chapter 15 of this book discusses neighborly problems. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. Never gave us the opportunity to make a selection that matched our existing fence. The fence between my house and my neighbour's house is old and falling down. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Cindy, I am sorry to inform you but your neighbor is correct in this situation. That 32 of fence is behind a large hedge and is not even visible from my property. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Sometimes it turns out a fence isn't on the property line after all. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. However, while the law in most areas outlines this as the first step, it is usually advisable that you approach your neighbor informally before issuing such a notice. Pics and docs of the current properties fencing The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. Family Handyman. The fence currently keeps the neighbors (lot to the east) cattle in. 3 quotes If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) If they attach their own fence to it, they are also considered to be using it. Several new laws passed by the Texas Legislature in 2021 prohibit an association from restricting: These new laws do still allow the association to limit the appearance of theenclosure as well as the type of fencingthat can be used. Do I have to pay for this to be fixed? An article from legal self-help publisher Nolo about how to resolve boundary line disputes. So Im in very different situation from any Ive read. But did not want to go through our contractors. I toll my husband to get if fix with out any response from him. QUICK CONTACT. Except on the front portion which is in my front yard. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. A blog post from the Texas A&M Agri-Life Extension discussing state law that provides requirements for a landowner seeking to remove certain fences on his or her own property. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. sorry for the crappy neighbor, youd be surprised how common this really is! In the front yard. The neighbor isn't responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. (on their property) We were never asked to pay for any of it. It is only after the mediation process fails are the neighbors then advised to take the matter to court. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. That can be an indicator of a problematic neighbor. Then it will be for a judge to decide the matter! Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? If one neighbor damages the fence, he or she could be liable for costs to repair. If the neighbor refuses seek legal guidance. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. (Part 1), Texas Fence Law: Open Range.Or Not? A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. He was not nice when I went out to talk to him about it. The neighbor wanted to put in a fence, and thought we should pay half. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. what if my dog runs off? The judge will side with you; you are in the right in this case! Thanks. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. 8: . I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. Any thoughts not input would be greatly appreciated. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). Am I correct? I wasnt even the owner when he decided to build the block fence. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. I enjoy what I see, therefore Ive decided to follow you. Often times this gesture will include the neighbor having some input into the fences design. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. She has to get three separate estimates and then you two can agree as to which company to go with. I told him I was happy with the fence as it was because I was an old pensioner and didn't need to waste money on something I didn't need as I'd rather spend it on booze and holidays. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. No, if neither neighbor wants the fence, there doesn't need to be one. Yet at the same time they are not legally required to pay anything towards it. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. Make a demand to the neighbor for half of the costs. If your neighbor refuses to pay for his share then you could do any of the following: Put it in writing - send him a well written letter describing the issue. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Whether or not your neighbor ends up covering half, some, or none of your new . Melissa, very good question. 49. Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? Are they willing to contribute something towards the fence? Will we need to pay? We have both got estimates that are similar in price. The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. If the tree trunk sits entirely in . What can we do? Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. Copyright by the Texas State Law Library. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. Our situation is somewhat different then what I have yet read. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. But I always say it doesn't hurt to ask, right? Can I build a fence on my side of the property line? As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! Start out by documenting the current condition of the fence. Also, the fence was still in decent shape and we hadnt planned on replacing soon. What options do I have? We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. My gate is set back from the street more than my neighbors. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. It gets a little complicated when it comes to retaining walls. To be safe, install your fence 1-2 feet inside the official boundary lines. Also a small child or animal could possibly get into his yard and get in his pool. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. She is still refusing to do her part. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. If they dont, then you should take the matter to mediation. I had contacted my neighbor twice that we need to get the fence fix. 1.1K Posts. Since the water is now drawing towards my side of the property. 167, 168 and. If he continues to do so anyway, call the cops. The fence boards (good side) all face our property, the framing is all on their side. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. After I threaten to take him to a small claims court. The neighbor verbally agreed to this via texts and I sent quotes via texts. You should obtain 2 or 3 estimates from fencing contractors for the cost to repair or replace, send them along with a letter to the neighbor . Well, I wish I could give you better advice but the matter is in your neighbors hands. Also, it would be good to know for the future in case it happens again. If your neighbor doesnt want a fence, you have two options. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. You do not absolutely share the cost of the fence. In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. No wonder why some people prefer to not have any immediate neighbors. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Shirley Jean. Please take our patron satisfaction survey. First off, please whatever you do, do not pay this man a dime. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? My fence completely encloses my back garden and is a corner lot. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. Also during the raining season, we need to do the roof and siding work asap before the raining season. As for your pathetic neighbor, fix the fence like normal and put cross boards WITH 2 1/2 or 3 inch screws facing his yard. If it pre-existed and is on your side of the property line, it is your sole responsibility. If not, the neighbor whose side the fence is on has the sole ownership of the fence. Fruit that's still on your. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. I'm sure that will stop it. Therefore, if you hit a negotiation roadblock with your neighbor, the first thing that you should do is to visit a local office of their offices and present your case. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Study your house line drawing or plat or order a new survey ($500 to $1,000) from a land surveyor to be sure of boundaries. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. If so, the fence is a shared responsibility. Well, its simpler than that. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. And if that doesnt yield the results that you want, then you can file a suit in a Small Claims Court seeking to have the neighbor pay their share of the costs. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. Therefore the law states that this fence is not benefitting your neighbor. Please take our patron satisfaction survey! ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. Don't have a library account? The fence does not enclose their front yard but is still a neighboring fence. See the resources below for more information. I am not quite sure I fully understand your question. I am a single mother, this is my 1st home and I just cant afford $3500. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. My Neighbour refuses to pay for the dividing fence If your neighbour refuses your requests, whether verbally or in writing, you can send a 'fencing notice' to your neighbour This is a legal document specific to your state that sets out the proposed works and provides a timeframe to respond. Do bear in mind that there can be stipulations on features and dimensions of the fences. He set the first two panels on the slope with good side facing him. And approached us in an aggressive and very critical manner. In some jurisdictions, there are rules directly prohibiting the erection of fences that block light from getting into neighbors homes. You can do this by first building the fence, and thereafter writing to your neighbor demanding that they pay half of the cost of installing it. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. In some cases, the . Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Thanks for any input. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. 2. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. One neighbor is directly responsible for the damage that a fence suffers. Part two of the series looks at examples of how these fence laws are applied. Fence it up and intact. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Texas law places the burden of proof to establish a claim of adverse possession on the trespasser. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. The fence is old and grey but was being maintained with new planks when needed. If you go down this route your neighbour should . Everything you need to know about the California Good Neighbor Fence Law! Generally, both neighbors are responsible for the maintenance of a fence between two properties. This usually happens in cases where: However, in order for a neighbor to be able to be compelled to pay their share of the costs, they need to be using the fence. They want us to pay for 1/2 of the repair. You will then receive a price estimate for the job and some friendly advice. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Nat, yes you are correct. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. Depending on where you live, they may also . He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay.