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I bought a newly built home in 2000. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. My neighbor has informed me he's going to hire a company to fix the fence and then send me a bill for half the cost. 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. This was attached to the existing sideyard fence that was part of the developments construction. They are extremely weak and the most a customer should expect from them is a few years life. We sent the insurance coverage, licenses. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. I hope this answers your question somewhat good luck with your neighbor! Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Do I have to pay for this to be fixed? Our backyard fence (100) is on or rear neighbors front yard side fence. keeping dogs/ children, etc. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! However they want to put a new retaining concrete wall and then put the fence on top. 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 . Practical, easy-to-understand answers to questions about common legal issues. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. 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. If he followed these steps then he could go after you in court and would likely win. 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). We like the open space and look. Your neighbor is not legally required to pay half of the fence. My neighbor just put up a new fence. 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. You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Yes, that is correct. Are they willing to contribute something towards the fence? Join for use: the attachment of another fence to the boundary fence Shirley Jean. Your details will be forwarded to three local experts. 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. Two questions: They put up white posts and rails, tan slats. Remember he He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. Fruit that's still on your. Then his brother who lives in the house said he would do it and never provided quotes. I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! I'm sure that will stop it. If you need help figuring out the rules and guidelines that apply when it comes to dividing fences in your area, getting in touch with a local expert is the best option. Check with local authorities of your location to get more details. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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. (on their property) We were never asked to pay for any of it. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. In that case, he has to pay the other owner for one-half of the already existing fence. 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. When traffic sight distances are impaired. What if my neighbor doesnt want a fence? If one neighbor damages the fence, he or she could be liable for costs to repair. We live on a hillside, so our backyard is 3 stories down. 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. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. 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. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Close. 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. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? Can my neighbor legally stop me from replacing the fence until we do a survey? What i am doing after reading your sites info: ( 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. poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. How are we doing? Good luck! There was nothing wrong with previous wood fence it had while home was in escrow. Any advice on how to proceed or deal with this overbearing representative? I didnt even have the option of getting my own bids or anything. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. I did not understand exactly but saw it was the same price and pressure treated, etc. The other family was none too happy, calling it "a solid waste spiteful pile of trash . (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Thanks for any input. They have the planks on their side and our side has the 2x4s. Thank you Jason, I appreciate the advice! 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. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Posted by 4 years ago. The pool has nothing to do with it. 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. For more information, see Talk to your neighbour. Our side of the fence with the 2x4s looks ugly and unfinished. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. Pay for the fence and then send a legal demand upon him to pay his share. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. 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. The "Removal of Adjoining Fences" statute, Texas Agric. No one is seeded to the road. In the Woodlands and many other neighborhoods in Houston, fences are required to have the picket side facing any public roads. 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. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. Step 1: Talk face-to-face Step 2: Request a tree inspection Step 3: Write a letter Step 4: Take legal action Step 5: Document damage Step 1: Talk face-to-face If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree. 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. She does not want to do it that way. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! 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? The fence needs to replace much of it because of the poor maintenance on my neighbors side. Good luck! Then it will be for a judge to decide the matter! The property line shows that the easement belongs to my neighbors parcel. Copyright by the Texas State Law Library. The fence falls after he rent it out to another family who as well as me has 3 large dogs. How is this even possible? This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. Now the neighbor wants the planks that my husband nailed to be removed. I asked a contractor how much to tear down my older wooden fence. , 72 S.W. We agreed. If this sounds similar to your situation then I believe our article can be very helpful. Hope this fully answers your question, if you have any further questions please let us know. You should contact your insurance provider and file a claim. There is no splitting costs here as there is not shared structure. Our properties backup to a small slope. 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. Start out by documenting the current condition of the fence. That being said I believe if you are set on getting a vinyl fence you have two options. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. 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. This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. The main one being, that they dont benefit from the erection of said fence. No fences. Pics and docs of the current properties fencing 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 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. What is hus responsibility and should I bear any ? 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. In this scenario, would the State law trump the city? As far as tearing down part of his 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. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Rule 1: Dividing fences are owned jointly by adjoining neighbors. I think she should pay half. Award limits vary by state: $1,500 in Kentucky to $15,000 in Tennessee. Can you paint basement floor with Drylok? At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Texas Fence Line Agreement Download legal document templates from the largest catalogue of legal forms. Thank you, 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. 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. You can borrow the e-books below with your library account. Many legal problems can arise otherwise. No, if neither neighbor wants the fence, there doesn't need to be one. But calling the cops on me for a one time incident has changed my care free attitude. : 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. this information even though informative it only benefit the contractor. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. If you dont receive a negative response from your neighbor, or you dont receive any response, then you should proceed and build the fence yourself. Fences and boundary lines are a common source of grievance among neighbors, with the Texas Law State Library saying: "A common dispute among neighbors is who owns, as well as who is. 1. You can state you will fight them in court. Such a fence will be your personal property and you will have absolute control over how you build and use it. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. 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. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Because it is so bad. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. It would be nice, yes. 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. The second option is to install the dividing fence on the property line anyway. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. In that case, he has to pay the other owner for one-half of the already existing fence. Thanks for any time you spend reading about my situation. 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. If he continues to do so anyway, call the cops. text messages, etc.) The fence is solely your responsibility. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. The panel sits at about 8-9 ft off the ground. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. He then ghosted me, my mother. He did. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Neighbor does not want half he wants full amount. . Eventually, we could no longer see the fence from our side. If they say no then the fence building homeowner is normally obliged to build it on their own side of the property line, at their cost. My neighbour wanted me to pay half to replace the 3 wires and 5 fence posts that consisted of our joint fence. It also costs less than litigation, making it a more pocket-friendly alternative to going to court.