I am currently dealing with a neighbor that is refusing to fix our shared fence. We intend to remove the fence. Often times this gesture will include the neighbor having some input into the fences design. As far as tearing down part of his fence. All the Best. Also, it would be good to know for the future in case it happens again. 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? My neighboring fence completely collapsed during a storm. Whether you pay for it or not, the "good" side goes outwards. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Fences - Shared Fencing Costs - Kimball Tirey & St. John LLP The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. 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. Redwood trees at top of slope in his his corner hides the fencing in this area. He did. It clashed with the style of our house. The primary reason for doing this is to ensure that your notion of the property line matches your neighbors. IMPORTANT: There is no obligation to hire. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Homeowners Association Etiquette: Fencing Tips to Avoid Disputes Therefore he would have had proof that you received a notice and chose to ignore it. I am not quite sure I fully understand your question. This private attorney's office has compiled a list of most Texas counties' stock laws. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. Neighbor wants to replace fallen fence due to construction on his property. one side is finished and the other isnt), then the less-attractive side should face your property. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. Should My Neighbor Help Pay for My Fence? In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. I'll also make sure I'm within my property line just to avoid that headache. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. That neighbor has since moved and a new owner bought the house as a rental property. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. The specifics of the laws that apply to disputes relating to sharing costs of installing and maintaining boundary fences vary from state to state. She has to get three separate estimates and then you two can agree as to which company to go with. 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. The fence needs to be repair. text messages, etc.) Texas does not have a specific state law that addresses boundary line fences. 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. So he got one estimate and paid the company and then demanded I pay half. 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. It does not extend the full length of the front yard (only about 15 feet of 45 or so). My neighbor replaced our old Good neighbor fence. What Can You Do When Your Neighbor's Fence is on Your Property? The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Fruit that's still on your. 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. State laws on fences and range restrictions. Paying in full and go to court is not a good resolution to this situation. Rules and regulations can, however, vary between city and state. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. One neighbor is not financially able to split the cost but said he would try and chip in what he could. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. Can Neighbor Replace Our Shared Fence and Require Me to Pay? - Nolo If he continues to do so anyway, call the cops. No, if neither neighbor wants the fence, there doesn't need to be one. My husband wants to put the planks on our side. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. If you don't have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). He offered to remove our old wooden fence for $600.00. Am I still responsible for half? However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. Any advice on how to proceed or deal with this overbearing representative? Neighbor wants to upgrade the whole new fence and pay for the whole project. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. No! No! Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. Can I replace an existing fence without neighbors permission? I will have to replace the rest of the fence to install the gate since I am moving it. The first step in dealing with this is to talk to your neighbor and then compare deed copies. To be safe, install your fence 1-2 feet inside the official boundary lines. 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. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Eventually, a neighbor moved and sold their house. In some cases it is possible they might not have the capacity to contribute something. A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. It is not something that NEEDS to be done. No fences. [TX] My parents' neighbor wants money to pay for a new fence. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. While rare, adverse possessionis a legal concept that allows a trespasser sometimes a stranger but more often a neighbor to gain legal title over the land of a property owner. Since a dividing fence is deemed to be owned equally by both parties, then it follows that the neighbors contribute equally towards setting it up. A tree located on your neighbor's property fell on the fence. that would force him to install another 3 foot rod iron fence on his property. In the unwritten rules ofhome fencingetiquette, the first thing you should do after deciding to build a new fence is to discuss the project with your neighbor. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! What then do you do when your neighbor will not pay half of the fence in Texas? According to the Texas Agricultural code, a neighbor can't remove your fence or a jointly owned fence without giving you a 6-month written notice first. But, our neighbor says that vinyl fence is the cheapest. While the law may vary from state to state, it is generally clear when it comes to boundary fences: they are jointly owned by the neighbors. Your neighbor is not legally required to pay half of the fence. Can we force the neighbors to contribute to the . Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. 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). Which has become an eyesore. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall, Approaching your neighbors about paying half. 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)? In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Telling next door neighbor I intend to install a fence Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. I have video documentation of the damage . Theres an old saying that good fences make good neighbors. That is unfair because they can benefit from something they did not pay for. Peoples experiences do differ though as some go on to have the best neighbors. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. Is this situation an exception? Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. 'Tacky' backyard fence replacement raises questions over city rules - KRQE Do we still split it in half? Can I Tear Down My Neighbor's Fence On My Property, Neighbor Connected To My Fence Without Permission, Notice To Remove Mobile Home From Property. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. They have a right to go to mediation and even to court in order to force the reluctant party to reimburse them their share usually half of the costs. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. We sent the insurance coverage, licenses. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. If they dont, then you should take the matter to mediation. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. It's pretty simple. Yes, you can pay your neighbor to pay half. 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 the failure is due to encroachment by my neighbors trees, should they bear the full cost? Fence Repairs: Are They a Shared Cost with My Neighbor? One neighbor is directly responsible for the damage that a fence suffers. We were both in agreement to pay half each. Your details will be forwarded to three local experts. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. You bring up replacement due to aesthetics and upgrading a fence? Things to Know About Wood Fencing Maintenance: Insights from a Fence Contractor in Lake Bluff, Illinois, Factors to Consider When Searching for a Fencing Company in Libertyville, Illinois, Which Fencing Materials Should You Consider for Your Home? Using the website, you can get 3 estimates fast by real certified experts in your area in just 2 minutes. Can neighbors on a private road be forced to contribute to - Avvo They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. I am willing to fix it but she wants a new fence. 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. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Your next step is to file a lawsuit against him in small claims! Also if you file a small claims suit you can go after him for all your time you spent going after him for the money like the time it took you to go to the courthouse, etc. So we did pay half, but our side looks as good as his. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. Yes, you can paint your side of the fence because you own part of the fence. POLL: Do you share fence costs with neighbors? - Houzz You will just have to go ahead and erect the fence. Im confident if I contracted any work on the wall he would not allow workers on his property. My husband nailed planks on the fence to cover the 2x4s. Whos responsible? I dont know why she says that. Fence Building Law Basics for Homeowners - The Spruce First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. We did not like it. They'll first have to consult with you to get your approval for the decision. And also if the fence forms part of a structure enclosing their property. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Rule 3: The responsibility of repairing and maintaining the fence lies equally on both neighbors. But we do not like the look of vinyl fence. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? If they are reasonable enough they will commit to contribute something. From the way you have explained it, I would predict you are not going to be responsible whatsoever. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. neighbors. What is hus responsibility and should I bear any ? In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. That is unless the fenceless owner someday decides to build his own fence. Your neighbor intentionally damaged the fence. 2 attorney answers. Do I have to pay for this to be fixed? Now there are two fences that not only a too totally different styles but heights. Only 43 of that fence serves me, and then my gate encloses my yard. Must-dos. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. If so, the fence is a shared responsibility. Whether you received it or not, if he lacks proof, it will do him no good in court. 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. Jim, thank you for the great question. I have a fence that is in need of replacement. a surveyor. What to Do If Another Dog Attacks Your Dog: Liability and Legal Rights Fast forward 30 days the fencing contractor pushes us out to May. The judge will side with you; you are in the right in this case! Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. The "Removal of Adjoining Fences" statute, Texas Agric. One can still erect fences that are taller than the height limits. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Contact us today at 405-778-1545 or click on the big green button below to schedule a . It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. There is a brick wall between me and my neighbor. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. You must then pay the contractor in full. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. We write another notice that construction date has been pushed up to May. sorry for the crappy neighbor, youd be surprised how common this really is! I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. Who is Financially Responsible for the Repair of my Fence? I didnt even have the option of getting my own bids or anything. The neighbor wanted to put in a fence, and thought we should pay half. The term good neighbor just refers to the style of the fence. However, he wants all the planks on his side while the 2x4s are in my side. While neighbors are generally required to share equally in shouldering the burden of maintaining and repairing a dividing fence, this does not apply in cases where one neighbor is to blame for a fences damage. Ft. Worth based equine attorney, Alison Rowe, has compiled nearly all of the stock laws across the state and will provide this information for a copying fee upon request.