The neighbor also has a pool. . Also, the new fence could not be an unnecessary upgrade from the previous fence. The existing fence isnt bad at all. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Crossing property lines to trim or cut down a tree is not something you or your arborist can do. This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. Pics and docs of the current properties fencing The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. The fence does not enclose their front yard but is still a neighboring fence. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. We write another notice that construction date has been pushed up to May. Robert Frost said, "Good fences make good neighbors." Apparently, he wasn't talking about a tire fence. The case law for boundary fences is found in. The other 5 are only occupied on weekends in the summer. Notice of Intent to Alter Shared Boundary Fence. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Now there are two fences that not only a too totally different styles but heights. The term good neighbor just refers to the style of the fence. And her contractor for one year. No, if neither neighbor wants the fence, there doesn't need to be one. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Eventually, we could no longer see the fence from our side. What is hus responsibility and should I bear any ? Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? The primary reason for doing this is to ensure that your notion of the property line matches your neighbors. The first step in dealing with this is to talk to your neighbor and then compare deed copies. They want us to pay for 1/2 of the repair. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. The original fence was falling apart but the man claimed his neighbor didn't want to help pay for it Credit: Tik Tok "When your neighbor doesn't want to replace the aging fence," the Texas-based neighbor wrote over a video showing his brand new fence. 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. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? I reported to my insurance and they paid for half the replacement cost. Rule 5: A neighbor who destroys a dividing fence shall be responsible for repairing or replacing it. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. I was advised by the HOA board about Cal. Who is responsible for the maintenance of a fence between two properties? 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. My new neighbor just started replacing all his fencing in his backyard. If so, the fence is a shared responsibility. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. Be Aware of Tree Root Issues. State law alsomandates that all State and US Highways are closed range. Now the neighbor wants the planks that my husband nailed to be removed. The fence has deteriorated and a section has fallen over. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. The fence between my property and my neighbors property is down. Use this free tool to get in touch with a local fence expert, maintenance of a fence between two properties, Corrugated Metal Fence vs Wood Fence: Comparison, How Many Fence Posts Need for 1 Acre Of Farm Field Fencing, How Many 8-Foot Sections of Fence To Enclose A 1-acre Lot. The main one being, that they dont benefit from the erection of said fence. My fence completely encloses my back garden and is a corner lot. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. Archived . Remember he Let us now discuss a scenario where neighbors have a boundary fence they found there already. What happens then? Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. What can I do Im being harassed. Keep in mind that vinyl and aluminum fences are much easier to clean than wood fences, which require not just cleaning but also staining and sealing. 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. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. (Personally, I think we paid for the whole fence for him.) Many legal problems can arise otherwise. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. I built my house many years ago. Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Be sure to also check your local code of ordinances to see if any additional laws exist. Check with local authorities of your location to get more details. State they didnt have insurance policies he wanted. The fence its in a really bad condition. Get a lawyer to draft a formal notice and then attach the estimate. You need to tell him he is harrasing you and you will not stand for it. Should My Neighbor Help Pay for My Fence? In Texas you do not even need the neighbors consent to erect the boundary fence. 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! If not, the neighbor whose side the fence is on has the sole ownership of the fence. [TX] My parents' neighbor wants money to pay for a new fence. If you plan on building or remodeling the fence . If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. An article from the Texas A&M Real Estate Center discussing all the laws passed in 2021 relating to property owners' associations including those related to swimming pool enclosures and security measures. Still proceed to have the fence repaired and then take her to small claims? My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Fencing disputes are common in cases where neighbors disagree on the type of fence to be installed, its location, and how to split the cost of installation and maintenance. Theres an easement/driveway between my backyard and my neighbors front yard. This article, written by a Texas attorney, is a good primer to the issues involved with adverse possession of real property. The neighbor verbally agreed to this via texts and I sent quotes via texts. Plus the neighbor will not have the right to even use it in any way without your consent. I toll my husband to get if fix with out any response from him. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. Their fence does nothing to secure my property. One of the most contentious aspects of properties neighboring each other is property lines. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? All dogs get out. The only issue that will come into play is the short notice period or your case would be a slam dunk.. 3 quotes Whether or not your neighbor ends up covering half, some, or none of your new fences cost, keep the following things in mind when building and maintaining the fence: Select a classy fence design that meshes with your home, your neighbors home, and your neighborhood as a whole. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! Do bear in mind that there can be stipulations on features and dimensions of the fences. Exterior Paint for Bathrooms: A Cheaper Alternative? We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. You bring up replacement due to aesthetics and upgrading a fence? Using the website, you can get 3 estimates fast by real certified experts in your area in just 2 minutes. If so, is it exactly on the property line? Which has become an eyesore. Created by the Texas A&M AgriLife Extension, this book gives landowners a background on how Texas fence laws originated, explains the current laws that landowners should know, and details a few common fence dispute scenarios and solutions. I think she should pay half. What can I do? I have a 5 acre property with no HOA or perimiter fence requirements. Once the fight starts, your own dog won't distinguish between biting another dog or a human. First point I made was that dont want a wooden fence due to the upkeep of it. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . Practical, easy-to-understand answers to questions about common legal issues. Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. whose property is the retaining wall actually retaining? Thus it all boils down to you engaging them to see their position. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Chapter 15 of this book discusses neighborly problems. Posted on Jan 17, 2017. The rulings in these cases provide the basis for fence regulations in the state of Texas. To be safe, install your fence 1-2 feet inside the official boundary lines. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. Most HOAs have rules and regulations governing fence erection and erecting a fence that blocks light into a home is against the rules, they can force the neighbor to remove the fence. Therefore it seems to me she is trying to rip you off! Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. This is because they will be trying to avoid contentions. Shouldnt we have a right to easily access our own property? Only one of them communicated this to us. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! 8:00 AM - 5:00 PM. Every state interprets use differently. Brian, sounds like you have it pretty much figured out. Whos responsible? ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Fence Height Rules. If he followed these steps then he could go after you in court and would likely win. There are three main definitions: Occupancy: use of the land up to the fence Best to have a survey done. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! If the existing fence is within your property, you can replace it with whatever type of fence you want and at your expense, although you should let the neighbors know of your plans in advance of replacement. Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. That is why a reasonable neighbor might want to consider sharing the cost. I still cant see this fence from my property. We didnt do anything about it, as we didnt want to cause problems in our first year here. Right now, we have a block wall fence between my neighbors house and ours. This has been on going for 3 years. Can I Move Neighbors Stuff Off My Property? Does this remove us from mutual benefit responsibilities and paying half of the replacement? Unfortunately, there are many misconceptions and dead guesses about fence laws. Of course, it all depends on the laws in the city and state where the tree is located. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. 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. Thank you. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. In practice, this means that if Neighbor A decides to build a fence on the property line shared with Neighbor B, Neighbor B generally has to pay for half of it. What was the outcome regarding the neighbors trees/vegetation ruining your fence? The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Good fence etiquette dictates that your neighbor gets the good side of the fence. Never allowed us to consider disparate bids. I am a little confused as to your question. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. sorry for the crappy neighbor, youd be surprised how common this really is! 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. It happens all the time. So Im in very different situation from any Ive read. Rule 1: Dividing fences are owned jointly by adjoining neighbors. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. My neighbor replaced our old Good neighbor fence. You cannot force or report the neighbor since they are not legally obligated. Eventually, a neighbor moved and sold their house. We do not want, or have a need for this new fence. But I always say it doesn't hurt to ask, right? I hope I am understanding your question here correctly?? Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? Out of the 9 houses only 4 are year round. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. When a neighbor refuses to pay half of the fence, be careful. a surveyor. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. If your dog injures the other pet owner, you may be held liable for the person's medical bills, lost wages, and pain and suffering, on top of veterinary care for the other dog.. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. One neighbor is directly responsible for the damage that a fence suffers. This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. You scroll to the top of the page and enter your Zip code. Shouldnt they have to replace the fence since they removed it? In certain counties or residential areas there can be ordinances regarding that. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. I bought a newly built home in 2000. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). 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. They have the planks on their side and our side has the 2x4s. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. If he continues to do so anyway, call the cops. Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. Am I still responsible for half? Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. Part of the fence is now leaning into the neighbors property. 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. Since 1876, however, the Texas Legislature has allowed Texas counties to vote on whether to become"closed range". We both had existing wooden fences, about 12 apart. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. ( Remember, we were never approached about this at all. The only issue is now you must collect the amount ordered to be paid to you. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. The fence is over 25 years old and the entire fence could stand to be replaced. What options do I have? Award limits vary by state: $1,500 in Kentucky to $15,000 in Tennessee. While height limits vary from state to state, the general height limit is 4 feet for front fences and 6 feet for rear fences. Who Can Claim Property Based on Adverse Possession in Texas? Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Nat, yes you are correct. From the way you have explained it, I would predict you are not going to be responsible whatsoever. The fence is old and grey but was being maintained with new planks when needed. I'm sure that will stop it. Hi RC fencing! No fences. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Joel I wish I could be of more help but this is a question outside my area of knowledge. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. , 72 S.W. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. I told him I would also throw my neighbor a bone. Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. Does this mean both neighbors are responsible for the cost of the retaining wall as well? They claim they sent us a letter with some sort of ultimatum, but we never received any letter. Then whenever there is something that needs to be done you discuss it with your neighbor first. Also try pepper spraying the boards thru the cracks while your dog is out there. Then you and your neighbor can get together and make the best educated decisions in regards to making the necessary repairs or replacement to your mutually shared fence line. In that case, he has to pay the other owner for one-half of the already existing fence. If they don't agree to repair it, take your fence dispute to small claims court. Our backyard fence (100) is on or rear neighbors front yard side fence. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). It would be nice, yes. Yes, you can talk to them to see if they are interested in sharing the costs but they will not be under obligation. My neighbors want the fence between our houses done. Texas Fence Law Doesn't Require Neighbors to Share the Cost of a Boundary Fence There's no legal obligation of your neighbors to share in the boundary fence. Secondly, I wouldnt pay them a dime if I were you. I think it was never our intent to have a fence and continue to advocate for no fence.
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