If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a fence. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. 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. Your neighbor's dog chewed through the fence. look no further than Texas Fence. A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. 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. It seems irresponsible to not include other information that might leave you stuck with the bill. Thanks! First is to let the neighbor know if his legal responsibility to pay for half the fence. I am currently dealing with a neighbor that is refusing to fix our shared fence. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. To be safe, install your fence 1-2 feet inside the official boundary lines. The key here is to avoid the costly mistake of building something youll have to tear down later because it strays onto your neighbors property. 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. From the way you have explained it, I would predict you are not going to be responsible whatsoever. and defecate on them. The other family was none too happy, calling it "a solid waste spiteful pile of trash . 8: . Civ. Can I still take him to court. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. I bought my house last year and my neighbors decide to redo their fence . If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. Peoples experiences do differ though as some go on to have the best neighbors. We deal solely with fences and decks and not siding, etc. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. I mentioned it to my neighbor and he does not see anything wrong with the two fences. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. Am I still responsible for half? Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. One interesting issue is that of fencing. What is hus responsibility and should I bear any ? Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! We are buying land. 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. His tenant dog Kill my dog. He set the first two panels on the slope with good side facing him. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. My neighbor replaced our old Good neighbor fence. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. Thank you! Generally, both neighbors are responsible for the maintenance of a fence between two properties. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. Everyone likes a good-looking fence, especially if it enhances overall property value. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Then it will be for a judge to decide the matter! This appears to be the pattern on our block. Thank you for your article. See the resources below for more information on how to resolve these types of disputes. Assuming your neighbor will pay half is incorrect. Travis Scott had some sweet words to share about Kylie Jenner and their daughter, Stormi, 3, after the trio walked the red carpet at the 72nd annual Parsons Benefit in New York City on Tuesday . 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. Also, if one neighbor isnt using the fence according to the law then they dont have to contribute to paying the cost of the fence. A backyard fence that splits the property lines between neighbors is called a boundary fence. He would have had to get at least 3 bids from reputable companies and presented all these to you. 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. Any thoughts not input would be greatly appreciated. While height limits vary from state to state, the general height limit is 4 feet for front fences and 6 feet for rear fences. Your 50 percent ownership of the fence is no different. Neighbor dynamics are usually characterized by interesting situations. That can be an indicator of a problematic neighbor. She insists I pay half of the new fence. I was advised by the HOA board about Cal. I didnt even have the option of getting my own bids or anything. Texas does not have a specific state law that addresses boundary line fences. The neighbors called and threatened to sue us. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. And her contractor for one year. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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. I asked a contractor how much to tear down my older wooden fence. Would have to agree with Potential Customer partly. You can borrow the e-books below with your library account. The fence is old and grey but was being maintained with new planks when needed. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. Of course, it all depends on the laws in the city and state where the tree is located. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Are they willing to contribute something towards the fence? Can we force the neighbors to contribute to the . I dont know why she says that. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Also try pepper spraying the boards thru the cracks while your dog is out there. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Rule 1: Dividing fences are owned jointly by adjoining neighbors. 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). The first thing that you should do is talk to them and explain the effect that the fence is having on your home. He came and did the job. 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 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. If it comes down to it you might need to get a restraining order against him. I wish they would have just talked to us about going in 50/50 on a new fence. What happens if the Neighbour refuses to pay for a fence? Yes, that is correct. If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. To learn more about how property owners' associations can enforce rules within their communities, check out the Enforcement of CC&Rs page of the Property Owners' Association research guide. The property line shows that the easement belongs to my neighbors parcel. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Chances are the fence you build will look the same on both sides. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? In some jurisdictions, there are rules directly prohibiting the erection of fences that block light from getting into neighbors homes. If you go down this route your neighbour should . I've already paid for it. If this doesnt work, then you should report them to your local HomeOwners Association. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! If this sounds similar to your situation then I believe our article can be very helpful. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. The service will then get both of you together and try to make you negotiate. The most common remedy is to take the neighbor to small claims court to recover the non-paying neighbor's share of the costs for the fence repair. , 14 S.W. Personally I dont think they look as close to real wood as they need to. I did not understand exactly but saw it was the same price and pressure treated, etc. 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. See the resources below for more information. 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. Therefore the law states that this fence is not benefitting your neighbor. 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. Once the fight starts, your own dog won't distinguish between biting another dog or a human. Notice of Intent to Alter Shared Boundary Fence. The first step in dealing with this is to talk to your neighbor and then compare deed copies. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. The fence does not enclose their front yard but is still a neighboring fence. If you plan on building or remodeling the fence . That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. I hope this answers your question somewhat good luck with your neighbor! 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. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. You bring up replacement due to aesthetics and upgrading a 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. 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 . I appreciate your advice. If you are currently in dispute with a neighbor over their fence, you should . You do not want to be caught by surprise. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Well, I wish I could give you better advice but the matter is in your neighbors hands. 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. Join for use: the attachment of another fence to the boundary fence Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. In other words, it is no longer capable of serving its intended purpose, i.e. Good luck! Never gave us the opportunity to make a selection that matched our existing fence. However, generally, the neighbors are supposed to share the costs equally. 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! On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Read more in lifestyle . It refers to a fence that uses sandwich construction, i.e. State law governing swimming pool enclosures installed on property within a property owners' association. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. It does not extend the full length of the front yard (only about 15 feet of 45 or so). The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . What can I do? Most states make it mandatory for the person intending to replace or remove a dividing fence to at least serve their neighbor with a written notice before making any changes. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. This subchapter governs adverse possession in Texas, often referred to as "squatter's rights". Shirley Jean. Learn more about how to register online. That neighbor has since moved and a new owner bought the house as a rental property. Any advice on how to proceed or deal with this overbearing representative? However, there are times when property deeds assign fence maintenance responsibilities. If they are reasonable enough they will commit to contribute something. Cindy, I am sorry to inform you but your neighbor is correct in this situation. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. Im looking forward to returning to your website. for court! He said he could not pay half only $600. This is because you have absolute building rights to build whatever structure you want on your own property. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. 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. 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. 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. First off, please whatever you do, do not pay this man a dime. In some cases it is possible they might not have the capacity to contribute something. 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. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. There is a rebuttable presumption that can be overcome. In the front yard. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. I have issues with that because the old fence had the planks on my side. You can do this by first building the fence, and thereafter writing to your neighbor demanding that they pay half of the cost of installing it. I think it was never our intent to have a fence and continue to advocate for no fence. Never allowed us to consider disparate bids. Can I build a fence on my side of the property line? If these approaches do not work, your fallback option is to refuse to pay anything, and then add a new panel on your own property that matches your initial two, such that there would be two fence panels between your home and your neighbor's. This is not uncommon in suburban areas. 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. You must then pay the contractor in full. Your details will be forwarded to three local experts. -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. If your neighbor says no to your informal approach, the next step should be to get an estimate of the cost of the fence from a contractor. The fence is over 25 years old and the entire fence could stand to be replaced. He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Who is responsible for the maintenance of a fence between two properties? There were no fences and the neighborhood kids played freely in the yards from house to house. I had the fence erected entirely on my property. My fence completely encloses my back garden and is a corner lot. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! again please do not pay him a dime. Call a minimum of 3 fencing companies, such as. 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. Observe boundaries: Don't risk having to tear down that fence by going even one inch over your property line. neighbors cows on my property texas; neighbor won't pay for half of fence texas; texas fencing laws; Agreements, and easement and declaration docu- ments. There would now be two fences along the boundary. However, you can be right and still have to pay for the whole fence. The fence cost more, because of the extra lumber to make both sides look good. 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! In most jurisdictions, you have to at least notify your neighbor of your intention to replace the 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! Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. My new neighbor just started replacing all his fencing in his backyard. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. Can a neighbor remove a fence? (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!).