I have now recently discovered he placed video surveillance pointed /monitoring my front yard. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. Is there anything I can do to stop neighbors from bullying me? He came and did the job. And approached us in an aggressive and very critical manner. Rule 3: The responsibility of repairing and maintaining the fence lies equally on both neighbors. It was always referred to as their fence, and nobody else could touch it. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. 3 quotes What options do I have? 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 only issue that will come into play is the short notice period or your case would be a slam dunk.. The neighbor verbally agreed to this via texts and I sent quotes via texts. Texas does not have a specific state law that addresses boundary line fences. Home Garden Guides3023 E 1st St Long Beach, California+1 (657) 655 8708, 2022 Go Quotes Pty Ltd Terms and Conditions | Privacy Policy | Site Map, Compare Fencing Installation Estimates Now. 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! Yes, you can paint your side of the fence because you own part of the fence. Such a fence will be your personal property and you will have absolute control over how you build and use it. Possible disputes might be hard to settle so much that they may end up in court. See the resources below for more information. I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. 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. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. Fencing mayalso be regulated by Texas municipalities. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. I am very sorry to hear about your situation. He may not enter the neighbor's property to trim or destroy the tree. From the way you have explained it, I would predict you are not going to be responsible whatsoever. I was advised by the HOA board about Cal. Now we are stuck and the cost is adding everyday to put home on market for sale. Especially since they are quite a bit more expensive and in theory will last a lifetime. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. No! It seems irresponsible to not include other information that might leave you stuck with the bill. The fence between my property and my neighbors property is down. The court can do one of three things: Order removal. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. It seems we can not agree. All the Best. There is a rebuttable presumption that can be overcome. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. But I always say it doesn't hurt to ask, right? If it comes down to it you might need to get a restraining order against him. Everything you need to know about the California Good Neighbor Fence Law! Can you paint basement floor with Drylok? One can still erect fences that are taller than the height limits. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. Are they willing to contribute something towards the fence? 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. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. I know personally, I would never get involved with such a situation! 2 attorney answers. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. I hope the business property has to clean up and replace it. What can I do Im being harassed. Shouldnt they have to replace the fence since they removed it? Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. This is because they will be trying to avoid contentions. After I threaten to take him to a small claims court. Everyone likes a good-looking fence, especially if it enhances overall property value. Your neighbor's dog chewed through the fence. They will help you accurately identify the property lines. then more than likely a judge is going to side with you. Who Can Claim Property Based on Adverse Possession in Texas? In most states, your neighbor cannot make you pay for the fence if it is solely their fence. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. 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. After all, as Robert Frost once said, "good fences make good neighbors." Practice good fence etiquette - learn the law, talk to your neighbors, and be as respectful and considerate as possible along the way. I think she should pay half. Brian, sounds like you have it pretty much figured out. I mentioned it to my neighbor and he does not see anything wrong with the two fences. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. It blocks NOTHING in only on their side, which is why they want it done. If they are reasonable enough they will commit to contribute something. 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. See the resources below for more information on how to resolve these types of disputes. Seems like a stalling tactic to avoid paying for it. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! State laws on fences and range restrictions. The whole development had to hire their own landscapers to do their front yards. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. His tenant dog Kill my dog. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Joel I wish I could be of more help but this is a question outside my area of knowledge. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. look no further than Texas Fence. Yes, that is correct. The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. Examples of problems could be a wall that needs repairing or who should pay to replace a fence. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. Often times this gesture will include the neighbor having some input into the fences design. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. This must prime you to carefully consider the property lines before erecting the fence. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. This applies only if the fence is currently directly on the dividing lot line. 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. 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. Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. The homeowner says without any notice, her neighboring property owner recently demolished and replaced the shared fence between the two homes, leaving her with a "tacky" backyard separator.. There has never previously had a boundary fence. There hasnt been any communication at all from my neighbor And in case one neighbor is uncooperative, the other neighbor can proceed to build the fence and thereafter take their neighbor to court in order to recover half of the costs of the installation. He would have had to get at least 3 bids from reputable companies and presented all these to you. Yes it will unfairly benefit them but the primary reason for erecting it is for your property. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . They asked permission and we acquiesced but chose not to participate in the fencing. 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. Start out by documenting the current condition of the fence. 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. 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. Copyright 2023 Consort Design | Powered by Astra WordPress Theme, Understand What The Law Says About Fences In Texas, Engage The Neighbor To See What Their Position Is, Way Forward If The Neighbor Refuses To Pay Half Fence, Can I Remove Neighbors Fence On My Property, Can My Neighbor Paint My Fence On Their Side. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. The subjects of a trespasser's intent and government land are also discussed. 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? Can I do half of the fence and they can do half of the fence? 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). We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. 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. 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. 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! Then it will be for a judge to decide the matter! 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. We write another notice that construction date has been pushed up to May. Certified letter of intent 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. Fence fell down neighbor refuses to pay he's half? 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. Therefore the law states that this fence is not benefitting your neighbor. Never consulted us. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. If your dog injures the other pet owner, you may be held liable for the person's medical bills, lost wages, and pain and suffering, on top of veterinary care for the other dog.. what if my dog runs off? Include good color pictures. Were going through a similar situation. 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. Who is responsible for the maintenance of a fence between two properties? Related: A new fence is going up tomorrow. A mediator will help you two to reach an agreement. At least you will enjoy sole power over the fence. 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. I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. NRS 34- 102. I have video documentation of the damage . Call a minimum of 3 fencing companies, such as. He has the responsibility to pay for half of a fence between yards. 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. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? This can result in the inconvenience of having to remove the fence and start afresh. If they are not, they might just come up with some excuse to not pay anything. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. One section however that was falling down was simply wooden boards. 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. There can only be shared responsibility if the fence was put up right on the property line. 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. One neighbor is directly responsible for the damage that a fence suffers. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. And after you are done, you can then proceed to mediation or to court in order to have your neighbor pay half of the cost of installing the fence. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. Hi Annie, thanks for the great question! They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. That is if their reasons for not paying are not genuine. . 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. Search for state-specific templates available for you to download and print. When your property borders with another fencing can be tricky. 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. 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. If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. So you are presented with the same predicament? Fence Height Rules. I have owned my house since it was built, in the early 70s. I have a 5 acre property with no HOA or perimiter fence requirements. The term good neighbor just refers to the style of the fence. 2. Please let everyone know if you have any ideas as to another route to take. I have issues with that because the old fence had the planks on my side. My neighbor just put up a new fence. Will we need to pay? I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. 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. Your neighbor is on the hook for half of the new fence. No! An individual is only allowed to trim a neighbor's tree up to the property line. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Can I build a fence on my side of the property line? The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. If, however, the neighboring landowner does not participate in the costs of erecting the fence, it is not considered a common fence but, instead, is the exclusive property of the builder. Usually in small claims if it is under the max amount in your state (usually around 10-15k). 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. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! In Texas you do not even need the neighbors consent to erect the boundary fence. 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. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. My new neighbor just started replacing all his fencing in his backyard. You must then pay the contractor in full. You should contact your insurance provider and file a claim. Still proceed to have the fence repaired and then take her to small claims? He set the first two panels on the slope with good side facing him. There was nothing wrong with previous wood fence it had while home was in escrow. If they dont, then you should take the matter to mediation. We were both in agreement to pay half each. Join for use: the attachment of another fence to the boundary fence The wall is leaning significantly toward my property and I am afraid it could fall. 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. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. If they don't agree to repair it, take your fence dispute to small claims court. My neighbors want the fence between our houses done. So, like many, I have a real A-hole neighbor! I still cant see this fence from my property. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. Sat - Sun: Closed. The house sold for more than asking, by the way. Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. However, you can be right and still have to pay for the whole fence. 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. One neighbor wants a fence that is of higher quality and thus more expensive than necessary. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! I had not notified him yet of the contractor doing the job as it just got scheduled. If your neighbors are damaging your fence, take photos and try to work it out with them first. Get a lawyer to draft a formal notice and then attach the estimate. Check out our Abandoned Property research guide for more on adverse possession. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. If the existing fence is within your property, you can replace it with whatever type of fence you want and at your expense, although you should let the neighbors know of your plans in advance of replacement. We have both got estimates that are similar in price. However, fence etiquette does not require you to run your design plans by your neighbor. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. You need to tell him he is harrasing you and you will not stand for it. Who has to pay to replace it? Contact your local government. If you rent your home, ask your landlord if they'll deal with the problem on your behalf. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. Here is how it works. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? Our backyard fence (100) is on or rear neighbors front yard side fence. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. If it pre-existed and is on your side of the property line, it is your sole responsibility. We like the open space and look. Let us now discuss a scenario where neighbors have a boundary fence they found there already. 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. 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. Waterproofing basement walls before finishing. I think it was never our intent to have a fence and continue to advocate for no fence. against one of my trees. Then whenever there is something that needs to be done you discuss it with your neighbor first. It is entirely visible on their side. Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. What should I do? The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final 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? 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. Your neighbor is not legally required to pay half of the fence. See ourMunicipal Laws and Ordinancespage for assistance locating your local laws. Therefore, if you hit a negotiation roadblock with your neighbor, the first thing that you should do is to visit a local office of their offices and present your case. In some jurisdictions, there are rules directly prohibiting the erection of fences that block light from getting into neighbors homes. Despite this, many neighbors will downright refuse to pay a penny towards the costs. He does not live in the area. The fence did add value to the house, and the neighbor built it to be pretty on both sides. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. The fence needs to replace much of it because of the poor maintenance on my neighbors side. Fight it until the very end! In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The fence cost more, because of the extra lumber to make both sides look good. If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. 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. In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. 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. 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. However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. Is this situation an exception? Neighbors dont always have to share the cost of a fence. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? You will just have to go ahead and erect the fence. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. 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. This appears to be the pattern on our block. Never gave us the opportunity to make a selection that matched our existing fence. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. Thus it is important to be abreast with any such ordinances. 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. Posted on Jan 17, 2017. They have the planks on their side and our side has the 2x4s.