This is due to your neighbor not following the required steps. Michael, thanks for the question. My partner and I ran across this different website and decided to take a look around. The fence currently keeps the neighbors (lot to the east) cattle in. I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. Do you know? The old saying that "good fences make good neighbors" still applies today. 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. Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. I had the fence erected entirely on my property. in the yard, providing security & privacy, etc. Make a demand to the neighbor for half of the costs. The second option is to install the dividing fence on the property line anyway. However, you can be right and still have to pay for the whole fence. Disaster Manual: Section 3 - Falling Trees, Flying - Texas Law Help Texas does not have a specific state law that addresses boundary line fences. My neighbor destroyed my fence with premeditation to install his plastic one on mine property without my consent and told to the people who was doing the installation that he paid for the vandalized, lien to the workers.I requested him to show me the invoice,he just turn on back and left to his home.This person did a sneaky manoeuvre , he had a fence that was separated by a passage 3 feet wide . 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! However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. Especially since they are quite a bit more expensive and in theory will last a lifetime. Are we under any legal obligation to pay him a penny? Can we keep the planks and not remove it? I hope this answers your question somewhat good luck with your neighbor! Now the neighbor wants the planks that my husband nailed to be removed. I did not understand exactly but saw it was the same price and pressure treated, etc. If the fence is a "division fence", and a property owner wants to request contribution from a neighbor for a portion of the fence cost, Kimball, Tirey & St. John LLP has a package of four letters to request contribution from the neighbor. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. 2. 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). Jim, thank you for the great question. The term good neighbor just refers to the style of the fence. And after you are done, you can write a demand letter to your neighbor requiring that they reimburse you their share of the costs. In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. I am willing to fix it but she wants a new fence. Yes, he does. Be sure to also check your local code of ordinances to see if any additional laws exist. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. Despite this, many neighbors will downright refuse to pay a penny towards the costs. Who is Financially Responsible for the Repair of my Fence? When traffic sight distances are impaired. If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? 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). My new neighbor just started replacing all his fencing in his backyard. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Approaching your neighbors about paying half Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? Neighbor won't pay for his half of new fence This is a free tool and service to be used at your pleasure. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. ETA: In a similar fashion, when I rebuild my house in a few years and and put in a new fence, I won't be asking any of my three neighbors for any fencing contributions. Does this mean both neighbors are responsible for the cost of the retaining wall as well? You will just have to go ahead and erect the fence. Examples of problems could be a wall that needs repairing or who should pay to replace a fence. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Therefore it seems to me she is trying to rip you off! I didnt even have the option of getting my own bids or anything. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. Then his brother who lives in the house said he would do it and never provided quotes. ( 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. I have a fence that is in need of replacement. 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. This appears to be the pattern on our block. The primary reason for doing this is to ensure that your notion of the property line matches your neighbors. Yes, that is correct. Most states provide mediation services. If your neighbors are damaging your fence, take photos and try to work it out with them first. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. 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. Whos responsible? Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. 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. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. Eventually, a neighbor moved and sold their house. Fine. What should I do? Do bear in mind that there can be stipulations on features and dimensions of the fences. The panel sits at about 8-9 ft off the ground. Neighbor Disputes: What to Do When Your Neighbor Invades - LegalZoom It seems we can not agree. If he followed these steps then he could go after you in court and would likely win. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. The good news, you have absolutely nothing to worry about. An article from the Texas A&M Agri-Life Extension that reviews the general fence law in Texas and the two major exceptions that modify that rule. 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. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. 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. 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. Otherwise if you are thinking of erecting a boundary fence that was not there before, the neighbor is not obligated to pay half of the fence. In some cases, the . A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. , 72 S.W. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! Our neighbor wants to replace the fence with vinyl fence. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. 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. Insights from a Fence Installation Contractor in Lake Forest, Illinois. I understood and said whatever wood you do your fence we can get. If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. 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. We live on a hillside, so our backyard is 3 stories down. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. 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. Let us now discuss a scenario where neighbors have a boundary fence they found there already. Neighbors dog destroying my fence | TexAgs Our backyard fence (100) is on or rear neighbors front yard side fence. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. 3 quotes One section however that was falling down was simply wooden boards. In some jurisdictions, there are rules directly prohibiting the erection of fences that block light from getting into neighbors homes. Tuesday. Who Can Claim Property Based on Adverse Possession in Texas? An existing dividing fence is owned by both neighbors and so seeking your neighbors permission before replacing it is generally advisable. The case law for boundary fences is found in. Often times this gesture will include the neighbor having some input into the fences design. The neighbor also has a pool. I told him I would also throw my neighbor a bone. 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. Good neighbor fences alternate the picket and rail side of the fence every 7 feet so that each neighbor gets an equal share of the pretty and ugly sides. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. I asked a contractor how much to tear down my older wooden fence. However, if one neighbor wants the fence and the other neighbor doesn't, the fence builder can require the neighbor to pay half the cost of the fence even if the neighbor doesn't want the fence, doesn't have cattle or doesn't want to pay for the fence. 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. You cannot force or report the neighbor since they are not legally obligated. 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? Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. If you plan on building or remodeling the fence . 8:00 AM - 5:00 PM. A 1995 article from Texas A&M Real Estate Center discussing boundary disputes involving fences, buildings or billboards that may cause an obstruction for neighbors. Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. Please take our patron satisfaction survey! What options do I have? 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 I fully agree with you that your fence was not even close to the point of needing to be replaced. 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)? 8: . Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. 6. This is very true OriginalWally, thank you very much for the information! Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. Seems like a stalling tactic to avoid paying for it. If you approach your neighbor with the idea to build a new fence that separates your respective properties, and your neighbor agrees that its a good idea and that hed like a new fence too, then common sense dictates that the cost should be split equally. No, if neither neighbor wants the fence, there doesn't need to be one. That is unfair because they can benefit from something they did not pay for. 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. What can I do Im being harassed. NRS 34- 102. Fence Laws: Why Backyard Fences are Neighbor-to-Neighbor Matters State law governing swimming pool enclosures installed on property within a property owners' association. Such a fence will be your personal property and you will have absolute control over how you build and use it. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. However, if for some reason one side looks better than the other (i.e. The spiders build their webs on the 2x4s and birds perch on the 2x4s. What Can You Do When Your Neighbor's Fence is on Your Property? In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. 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. : answers to Texans' everyday legal questions [electronic resource], https://guides.sll.texas.gov/neighbor-law, State Bar of Texas Lawyer Referral Service, Texas Civil Practice and Remedies Code, Chapter 16, Subchapter B. An individual is only allowed to trim a neighbor's tree up to the property line. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. In some cases it is possible they might not have the capacity to contribute something. And also if the fence forms part of a structure enclosing their property. So he got one estimate and paid the company and then demanded I pay half. If they are not deemed by the law to be using it, then they cannot be compelled to pay. I dont know why she says that. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. ( Remember, we were never approached about this at all. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. and defecate on them. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. They had a 5 day notice from time of the written letter to the fence being repaired. 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. 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. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. Home Fencing What happens if the Neighbour refuses to pay for a fence? My neighbor replaced our old Good neighbor fence. Fences - Shared Fencing Costs - Kimball Tirey & St. John LLP Fencing Laws and Your Neighbors: FAQs - FindLaw Rule 1: Dividing fences are owned jointly by adjoining neighbors. I am very concerned the wall could fall. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. Often times this gesture will include the neighbor having some input into the fence's design. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. No! I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. In the front yard. An article from legal self-help publisher Nolo about how to resolve boundary line disputes. 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. First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. 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 the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. It was always referred to as their fence, and nobody else could touch it. Start out by documenting the current condition of the fence. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. Rule 3: The responsibility of repairing and maintaining the fence lies equally on both neighbors. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. The only issue that will come into play is the short notice period or your case would be a slam dunk.. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. Neighbor Law Fences & Boundaries Fences A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Practical, easy-to-understand answers to questions about common legal issues. Don't have a library account? He then ghosted me, my mother. Melissa, very good question. Cindy, I am sorry to inform you but your neighbor is correct in this situation. He charge me $80 that I paid him because I am tired of being harrassed. Travis Scott Attends Gala With 'Wifey' Kylie and Stormi: Pics If he still refuses now you will need to go down to the courthouse and file a small claims suit against your neighbor and pay the small fee. The fence between my property and my neighbors property is down. An informal approach, explaining the need for a fence and seeking your neighbors opinion on what is needed, has a better chance of yielding positive results and less resistance. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. 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 Good Luck! This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. 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. Theres an easement/driveway between my backyard and my neighbors front yard. The second reason was the. The sides of our yard are 6 white vinyl. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? The judge will side with you; you are in the right in this case! For instance it might involve replacing the fence or getting it fixed. Generally, the law considers dividing fences to be a joint property that is owned equally by both neighbors. Family Handyman. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining the fence. And the best way to do so is to use HomeGardenGuides.com. I want to replace our fence and sent multiple notices to our neighbor south of us. 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. Waterproofing basement walls before finishing. It's pretty simple. Your details will be forwarded to three local experts. But I always say it doesn't hurt to ask, right? Which has become an eyesore. 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. They have the planks on their side and our side has the 2x4s. What can I do? Can a neighbor remove a fence? One of the most contentious aspects of properties neighboring each other is property lines. RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. Only 43 of that fence serves me, and then my gate encloses my yard. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. The fence falls after he rent it out to another family who as well as me has 3 large dogs. When a neighbor refuses to pay half of the fence, be more vigilant about keeping to the exact the property lines.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'consort_design_com-banner-1','ezslot_3',107,'0','0'])};__ez_fad_position('div-gpt-ad-consort_design_com-banner-1-0'); What we have discussed so far pertains to scenarios where there was no fence to begin with. What to do if a Neighbor's Tree is Endangering Your Yard Exterior Paint for Bathrooms: A Cheaper Alternative? In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. Stay Legal with These Must-Know Texas Fence Laws! - Home Garden Guides No he won't even listen to me. 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! Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. Do we owe anyliability and responsibility to the neighbors? Once that dog bites em he'll stop. I appreciate your advice. Never gave us the opportunity to make a selection that matched our existing fence. What Can You Do if Your Neighbor is Damaging Your Fence? It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. Can we force the neighbors to contribute to the . The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. Do we still split it in half? However, as far as equally sharing the costs are concerned, there are two main exceptions where the law usually entertains unequal sharing of the costs. I paid for the whole thing and did not ask the neighbor for any help or money. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. Hope this helps, let me know if you have any more questions! A mediator will help you two to reach an agreement. Related: If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. I wasnt even the owner when he decided to build the block fence. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. Many legal problems can arise otherwise.