A week later, I came home to find a for sale sign in his lawn. Part of the fence is now leaning into the neighbors property. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. We were both in agreement to pay half each. Will we need to pay? Im looking forward to returning to your website. 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. This can result in the inconvenience of having to remove the fence and start afresh. Well, its simpler than that. Therefore the law states that this fence is not benefitting your neighbor. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Consequently, when a fence needs repair, both property owners must share the cost. -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. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. The whole development had to hire their own landscapers to do their front yards. That is why a reasonable neighbor might want to consider sharing the cost. Not your property, not your fence. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. The fence is old and grey but was being maintained with new planks when needed. sorry for the crappy neighbor, youd be surprised how common this really is! I have a fence that is in need of replacement. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. a surveyor. Of course, it all depends on the laws in the city and state where the tree is located. See Conner v. 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. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. Can you paint basement floor with Drylok? No! against one of my trees. The fence is attached on two sides to my neighbors existing fence. Examples of problems could be a wall that needs repairing or who should pay to replace a fence. 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. Nolan v. Mendere. Out of the 9 houses only 4 are year round. 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. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement. 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). What options do I have? Thanks! Both property owners own the fence erected between the property lines when both use it. 2. See ourMunicipal Laws and Ordinancespage for assistance locating your local laws. We did not like it. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Fence companies usually install a foot inside the line, to be on the safe side. We sent the insurance coverage, licenses. It discusses the concept of "running at large," liability issues, estrays, and fences. Cindy, I am sorry to inform you but your neighbor is correct in this situation. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! If not, the neighbor whose side the fence is on has the sole ownership of 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. Since the fence is the property of both neighbors, then getting the other neighbor involved is always fair. 1.1K Posts. Any tips on how to proceed? I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! Who is responsible for the maintenance of a fence between two properties? 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. 6. 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. According to the applicable law in Texas, it is not mandatory for a neighbor to pay half of the fence. He then ghosted me, my mother. The property line shows that the easement belongs to my neighbors parcel. According to the law, you do have the responsibility to pay for half of a shared fence. 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. I appreciate your advice. Practical, easy-to-understand answers to questions about common legal issues. The fence its in a really bad condition. One neighbor is directly responsible for the damage that a fence suffers. 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)? 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. For these reasons, even if you are happy to pay the full costs of fencing work, you should try to talk to your neighbour and come to an agreement before starting any work. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. 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. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. You will then receive a price estimate for the job and some friendly advice. Who Can Claim Property Based on Adverse Possession in Texas? Thank you for your comment/ queston! They want us to pay for 1/2 of the repair. If your neighbor doesnt want a fence, you have two options. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. The old saying that "good fences make good neighbors" still applies today. 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. The amount to pay is not a small amount and it can take a long time to collect. Thank you for your article. Also, the new fence could not be an unnecessary upgrade from the previous fence. I had contacted my neighbor twice that we need to get the fence fix. The second reason was the. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. I had not notified him yet of the contractor doing the job as it just got scheduled. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. So, like many, I have a real A-hole neighbor! Can I Move Neighbors Stuff Off My Property? State laws on fences and range restrictions. Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e. In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. Close. We do not want, or have a need for this new fence. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. [TX] My parents' neighbor wants money to pay for a new fence. 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. Make a demand to the neighbor for half of the costs. Mon - Fri: 8:00 am - 4:00 pm I have owned my house since it was built, in the early 70s. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. 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. 864, 864. 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. Everything you need to know about the California Good Neighbor Fence Law! Join for use: the attachment of another fence to the boundary fence A blog post from the Texas A&M Agri-Life Extension discussing state law that provides requirements for a landowner seeking to remove certain fences on his or her own property. I reported to my insurance and they paid for half the replacement cost. First is to let the neighbor know if his legal responsibility to pay for half the fence. 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.) We both had existing wooden fences, about 12 apart. Can I do half of the fence and they can do half of the fence? They have their vinyl fence and we have our wooden fence (though not economically sound). This is if you dont take the proper steps leading up to the construction of the fence. The subjects of a trespasser's intent and government land are also discussed. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. It is only after the mediation process fails are the neighbors then advised to take the matter to court. 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). Keep in mind that vinyl and aluminum fences are much easier to clean than wood fences, which require not just cleaning but also staining and sealing. Neighbor dynamics are usually characterized by interesting situations. Except on the front portion which is in my front yard. Thanks. Therefore it seems to me she is trying to rip you off! Would we lose in small claims court? To be safe, install your fence 1-2 feet inside the official boundary lines. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it.