Reddit - Dive into anything We both want to replace it. Personally I dont think they look as close to real wood as they need to. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. in the yard, providing security & privacy, etc. My point is the 50/50 rule doesn't apply. Can Neighbor Replace Our Shared Fence and Require Me to Pay? - Nolo 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. Jim, thank you for the great question. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. If the tree trunk sits entirely in . The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. If the neighbor refuses seek legal guidance. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. I would have appreciated knowing in advance as I have dogs. Homeowners Association Etiquette: Fencing Tips to Avoid Disputes Do we owe anyliability and responsibility to the neighbors? A tree located on your neighbor's property fell on the fence. No work until 30days after certified letter. Monday. Copyright by the Texas State Law Library. The fence cost more, because of the extra lumber to make both sides look good. 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 neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining 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. The fence does not enclose their front yard but is still a neighboring fence. Neighbors dont always have to share the cost of a fence. Read more in lifestyle . What then if the neighbor will not pay half of the fence? Therefore you will need to pay 100% of the costs of replacement! Unfortunately, there are many misconceptions and dead guesses about fence laws. Man's Response to Fence Issue With Neighbor Divides Opinion - Newsweek Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. I asked a contractor how much to tear down my older wooden fence. The whole development had to hire their own landscapers to do their front yards. 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. Despite this, many neighbors will downright refuse to pay a penny towards the costs. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. If this sounds similar to your situation then I believe our article can be very helpful. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. If you want to fence in your property, you can't require them to pay for half the fence. 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. Shouldnt we have a right to easily access our own property? He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. I just had a fence erected between me and my neighbor. Our situation is different then all the comments I have read. This applies only if the fence is currently directly on the dividing lot line. Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? Let us now discuss a scenario where neighbors have a boundary fence they found there already. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. State law alsomandates that all State and US Highways are closed range. What if my neighbor doesnt want a fence? 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. I am a little confused as to your question. Fence companies usually install a foot inside the line, to be on the safe side. Whether you pay for it or not, the "good" side goes outwards. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. 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. Rule 2: Neighbors shall share the costs of installing the fence equally. So he got one estimate and paid the company and then demanded I pay half. 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. The fence does not enclose their front yard but is still a neighboring fence. Can we force the neighbors to contribute to the . This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. Join for use: the attachment of another fence to the boundary 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. 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). 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. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. Our side of the fence with the 2x4s looks ugly and unfinished. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library Those people moved out and a new family moved in. [TX] My parents' neighbor wants money to pay for a new fence. What to Do About Your Neighbor's Boundary Issues If your neighbor puts their property, a fence, or even an addition to their home on or crossing you property line, then you have a boundary dispute. Who has to pay to replace it? Travis Scott Attends Gala With 'Wifey' Kylie and Stormi: Pics Stay Legal with These Must-Know Texas Fence Laws! - Home Garden Guides Also try pepper spraying the boards thru the cracks while your dog is out there. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! That is if their reasons for not paying are not genuine. 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.. 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. We saved all receipts from the hardware store. So you are presented with the same predicament? And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. 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. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. He has not responded to my texts since May as to when he will replace the fence. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Well, its simpler than that. 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. One neighbor wants a fence that is of higher quality and thus more expensive than necessary. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. Our left siding wall base are dropped to the two neighbors very end of their backyard. All dogs get out. There was nothing wrong with previous wood fence it had while home was in escrow. They are extremely weak and the most a customer should expect from them is a few years life. What to do if a Neighbor's Tree is Endangering Your Yard The neighbors called and threatened to sue us. He said he could not pay half only $600. The second option is to install the dividing fence on the property line anyway. We cant afford the cost for the fence that he wants($14k). He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. Especially since they are quite a bit more expensive and in theory will last a lifetime. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Because it is so bad. 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. The neighbor verbally agreed to this via texts and I sent quotes via texts. Joel I wish I could be of more help but this is a question outside my area of knowledge. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. If your neighbor doesnt want a fence, you have two options. The property line shows that the easement belongs to my neighbors parcel. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Who is liable when vehicles on a roadway hit livestock? Neighbors dog destroying my fence | TexAgs Can I replace an existing fence without neighbors permission? Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. My partner and I ran across this different website and decided to take a look around. Hi Annie, thanks for the great question! Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. Which has become an eyesore. 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! 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. Maybe higher. 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. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. (Part 1), Texas Fence Law: Open Range.Or Not? When there is a shared responsibility you need to be sure it is. The case law for boundary fences is found in. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. Is this situation an exception? 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. against one of my trees. What Can You Do About a Boundary Dispute With a Neighbor? I don't care if there's a fence between the properties, and I don't want to pay . 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 new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? Sat - Sun: Closed. One can still erect fences that are taller than the height limits. We didnt do anything about it, as we didnt want to cause problems in our first year here. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. Who is Financially Responsible for the Repair of my Fence? Part of the fence is now leaning into the neighbors property. This is if you dont take the proper steps leading up to the construction of the fence. If so, can I put up planks on my side, once its built? If you disagree with your neighbour about a wall or fence A fence is no exception. What to Do If Your Neighbor's Tree Is Encroaching on Your Yard While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. I gave them 15 days to accomplish this and also gave my phone number. No he won't even listen to me. In some cases, the . That neighbor has since moved and a new owner bought the house as a rental property. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. Whether or not your neighbor ends up covering half, some, or none of your new . I have a fence that is in need of replacement. You should contact your insurance provider and file a claim. If they dont, then you should take the matter to mediation. 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. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 1.1K Posts. If I paid for entire fence, does neighbor have claim to it? 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. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall, Approaching your neighbors about paying half. 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. However, there are times when property deeds assign fence maintenance responsibilities. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. 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.
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