It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? All the Best. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. It extends throughout the life of the fence whereby both neighbors are supposed to share the responsibility of keeping the fence in a good condition equally. against one of my trees. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Your neighbor's dog chewed through the fence. No! Examples of problems could be a wall that needs repairing or who should pay to replace a fence. Thanks! The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. A tree located on your neighbor's property fell on the fence. State they didnt have insurance policies he wanted. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. It may attempt to recover money from the neighbor's insurance company if it feels the neighbor is at fault. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? You must be absolutely sure the fence is along the exact property lines to avoid disputes later. He set the first two panels on the slope with good side facing him. What Can You Do About a Boundary Dispute With a Neighbor? 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. 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. There would now be two fences along the boundary. 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. As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. You can state you will fight them in court. She has to get three separate estimates and then you two can agree as to which company to go with. The existing fence isnt bad at all. What then if the neighbor will not pay half of the fence? I have issues with that because the old fence had the planks on my side. 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? In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Insights from a Residential Fencing Company in Mundelein, Illinois, Residential Fencing Options to Consider in 2023: Insights from a Fence Installation Contractor in Vernon Hills, Illinois, Assessing the Pros and Cons of Vinyl Fencing: Insights from a Residential Fencing Company in Park Ridge, Illinois, Tips to Keep in Mind When Searching for a Fencing Contractor in Waukegan, Illinois, How to Determine Which Type of Fence Is Right for Your Property: Insights from a Commercial Fencing Contractor in Elk Grove Village, Illinois, The Pros and Cons of Installing a Chain Link Fence: Insights from a Fencing Contractor in Riverwoods, Illinois, Which Fencing Material Is Right for Your Yard? Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? 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. Also, it would be good to know for the future in case it happens again. 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. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. 1. Not your property, not your fence. look no further than Texas Fence. If your neighbor refuses to pay for his share then you could do any of the following: Put it in writing - send him a well written letter describing the issue. I built my house many years ago. 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. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. My gate is set back from the street more than my neighbors. Who has to pay to replace it? Its an aesthetic preference that she wants a brand new fence. No, if neither neighbor wants the fence, there doesn't need to be one. Our properties backup to a small slope. 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. 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. It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. First off, please whatever you do, do not pay this man a dime. Hi RC fencing! Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed. Who Can Claim Property Based on Adverse Possession in Texas? We were both in agreement to pay half each. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Then whenever there is something that needs to be done you discuss it with your neighbor first. 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. And the best way to do so is to use HomeGardenGuides.com. 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. A backyard fence that splits the property lines between neighbors is called a boundary fence. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. In the front yard. They have their vinyl fence and we have our wooden fence (though not economically sound). If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Hope this fully answers your question, if you have any further questions please let us know. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. We didnt do anything about it, as we didnt want to cause problems in our first year here. It is entirely visible on their side. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. 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. He does not live in the area. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. And if that doesnt work, you can file a lawsuit against your neighbor in order to recover half of the cost. 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). We both want to replace it. this information even though informative it only benefit the contractor. Is this situation an exception? Right now, we have a block wall fence between my neighbors house and ours. Thank you, He insists that he could build his side of the wooden fence and our other side if I split the cost with him. I wish they would have just talked to us about going in 50/50 on a new fence. Tuesday. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. 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). A 2021 article from local news station KPRC 2 Houston discussing the new security measures law and some of the issues property owners are experiencing with their associations when attempting to install fencing on their property. If they are not, they might just come up with some excuse to not pay anything. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. 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. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. Never consulted us. Monday. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Who is responsible for the maintenance of a fence between two properties? Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. You will just have to go ahead and erect the fence. You cannot force or report the neighbor since they are not legally obligated. 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! The fence is solely your responsibility. when we started doing the siding work. Can I still take him to court. There are three main definitions: Occupancy: use of the land up to the fence There were no fences and the neighborhood kids played freely in the yards from house to house. Here is how it works. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. A dispute over a North Carolina family using another's private driveway resulted in the construction a four-tire-high, 200-foot "work of art" sourced from a local landfill along their property line in 2018. Seems like a stalling tactic to avoid paying for it. What can I do? 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. 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 neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. One neighbor wants a fence that is of higher quality and thus more expensive than necessary. 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. Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! My point is the 50/50 rule doesn't apply. Eventually, we could no longer see the fence from our side. Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. Check with local authorities of your location to get more details. So you are presented with the same predicament? Texas Fence Law: Open Range.or Not? This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. Hes going forward with it and we will get the framed side. 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. Any thoughts not input would be greatly appreciated. Read more in lifestyle . I had contacted my neighbor twice that we need to get the fence fix. If the neighbor refuses seek legal guidance. Also was there a fence there before that is falling apart. However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. From the way you have explained it, I would predict you are not going to be responsible whatsoever. Fence it up and intact. If you go down this route your neighbour should . The neighbor is bullying you in order to make money off you. Your neighbor intentionally damaged the fence. Therefore it seems to me she is trying to rip you off! We like the open space and look. 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. Learn more about how to register online. , 14 S.W. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. 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! One can still erect fences that are taller than the height limits. I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. Thus it all boils down to you engaging them to see their position. 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. 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. Your neighbor is not legally required to pay half of the fence. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? I am on disability and cannot afford to even split the cost really. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. We are buying land. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. I'm sure that will stop it. It discusses the concept of "running at large," liability issues, estrays, and fences. Texas residents can register for a library account online! Usually in small claims if it is under the max amount in your state (usually around 10-15k). See the resources below as well as our Livestock guide for more information. (Part 2), Texas Stock Laws By County (Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law). The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. State law alsomandates that all State and US Highways are closed range. It is only after the mediation process fails are the neighbors then advised to take the matter to court. Unfortunately, there are many misconceptions and dead guesses about fence laws. 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. Undercommon law, Texas is an "open range"state,meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. What was the outcome regarding the neighbors trees/vegetation ruining your fence? If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. Home Fencing What happens if the Neighbour refuses to pay for a fence? text messages, etc.) Copyright by the Texas State Law Library. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. No fences. One neighbor is directly responsible for the damage that a fence suffers. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. 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! You can borrow the e-books below with your library account.