between you and your neighbor, can make for good neighborly relations. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. That can be an indicator of a problematic neighbor. In some cases, the . Now there are two fences that not only a too totally different styles but heights. Brian, sounds like you have it pretty much figured out. No, if neither neighbor wants the fence, there doesn't need to be one. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. So Im in very different situation from any Ive read. What can I do Im being harassed. He does not live in the area. The only issue that will come into play is the short notice period or your case would be a slam dunk.. 1. Call a minimum of 3 fencing companies, such as. Is this situation an exception? Our neighbor wants to replace the fence with vinyl fence. My point is the 50/50 rule doesn't apply. An informal approach, explaining the need for a fence and seeking your neighbors opinion on what is needed, has a better chance of yielding positive results and less resistance. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Today I go into my yard to find our shared fence down! Best to have a survey done. Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. The fence is attached on two sides to my neighbors existing fence. 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. Remember he In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. I bought a newly built home in 2000. 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 whole development had to hire their own landscapers to do their front yards. 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. When there is a shared responsibility you need to be sure it is. 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. 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! 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. Except on the front portion which is in my front yard. Is it his right to put the framed side facing us? The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. It's pretty simple. Exterior Paint for Bathrooms: A Cheaper Alternative? Can she insist on a new fence and I have to pay for half? The neighbor wanted to put in a fence, and thought we should pay half. It is not something that NEEDS to be done. QUICK CONTACT. If it pre-existed and is on your side of the property line, it is your sole responsibility. My neighbor replaced our old Good neighbor fence. keeping dogs/ children, etc. 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. When your property borders with another fencing can be tricky. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. Neighbor wants to replace fallen fence due to construction on his property. She does not want to do it that way. I'll also make sure I'm within my property line just to avoid that headache. Now the neighbor wants the planks that my husband nailed to be removed. Posted by 4 years ago. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. Does this remove us from mutual benefit responsibilities and paying half of the replacement? 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. Ft. Worth based equine attorney, Alison Rowe, has compiled nearly all of the stock laws across the state and will provide this information for a copying fee upon request. Our backyard fence (100) is on or rear neighbors front yard side fence. The fence its in a really bad condition. Monday. But we do not like the look of vinyl fence. Please take our patron satisfaction survey! Yes, that is correct. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. No one is seeded to the road. 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. There were no fences and the neighborhood kids played freely in the yards from house to house. 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 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. They did not inform us and did ask for us to help pay for the fence. (I believe youve already tried this approach and it failed?). 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. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. One neighbor is directly responsible for the damage that a fence suffers. What was the outcome regarding the neighbors trees/vegetation ruining your fence? 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. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. ( 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. Once the fight starts, your own dog won't distinguish between biting another dog or a human. If this doesnt work, then you should report them to your local HomeOwners Association. He would have had to get at least 3 bids from reputable companies and presented all these to you. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. 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. We were both in agreement to pay half each. Our property is the lower one and theirs is the higher one. 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. The law places responsibility on both parties because both benefit from the fence. The fence currently keeps the neighbors (lot to the east) cattle in. The property line shows that the easement belongs to my neighbors parcel. 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. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. 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. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. The State Bar of Texas created this guide to legal questions from those affected by disasters. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Good fence etiquette dictates that your neighbor gets the good side of the fence. I am very concerned the wall could fall. Neighbor dynamics are usually characterized by interesting situations. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. , 14 S.W. 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. 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. Under BC law, either neighbour can apply to court for a resolution. 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. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. 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. Of course, it all depends on the laws in the city and state where the tree is located. 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! This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. Thanks for any time you spend reading about my situation. 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. then more than likely a judge is going to side with you. However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. Get a lawyer to draft a formal notice and then attach the estimate. 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. Who is responsible for the maintenance of a fence between two properties? Therefore he would have had proof that you received a notice and chose to ignore it. I am currently dealing with a neighbor that is refusing to fix our shared fence. 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? We both want to replace it. It may attempt to recover money from the neighbor's insurance company if it feels the neighbor is at fault. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! Can we force the neighbors to contribute to the . Well, I wish I could give you better advice but the matter is in your neighbors hands. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. Joel I wish I could be of more help but this is a question outside my area of knowledge. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. The wall is leaning significantly toward my property and I am afraid it could fall. Note that you arent required by law to discuss your new fence with your neighbor, but its highly recommended especially if you want your neighbor to share the cost with you. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. State law governing security measures built or installed on property within a property owners' association. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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. Waterproofing basement walls before finishing. Every property on the North side has the planks and the on Southern fence you have the 2x4s. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). If you rent your home, ask your landlord if they'll deal with the problem on your behalf. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). We deal solely with fences and decks and not siding, etc. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. 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. Can a neighbor remove a fence? 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. We agreed. 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. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. There are many reasons disputes may arise between neighbors when it comes to fences. Also, in this ambivalent neighbor scenario, your neighbor is under no obligation to put any money towards your new fence, even if he/she derives some benefit from it. The other 400ft i f that line of fence is livestock open space fencing. 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. 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! Yes, you can pay your neighbor to pay half. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. In Texas you do not even need the neighbors consent to erect the boundary fence. It refers to a fence that uses sandwich construction, i.e. (Part 1), Texas Fence Law: Open Range.Or Not? He insists that he could build his side of the wooden fence and our other side if I split the cost with him. What steps has the neighbor taken so far? My gate is set back from the street more than my neighbors. 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. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Generally, each neighbor is equally responsible for boundary line fences. 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. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! [TX] My parents' neighbor wants money to pay for a new fence. I asked a contractor how much to tear down my older wooden fence. He did. 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. Rule 5: A neighbor who destroys a dividing fence shall be responsible for repairing or replacing it. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. 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. Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. It leaves me in this terrible circle. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. 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.