What recourse do I have? Personally I dont think they look as close to real wood as they need to. 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. It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. It is very good you havent paid anything for it yet. Things to Know About Wood Fencing Maintenance: Insights from a Fence Contractor in Lake Bluff, Illinois, Factors to Consider When Searching for a Fencing Company in Libertyville, Illinois, Which Fencing Materials Should You Consider for Your Home? It leaves me in this terrible circle. Who has to pay to replace it? The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. We are not even able to find someone to plow anymore. What was the outcome regarding the neighbors trees/vegetation ruining your fence? Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. No, if neither neighbor wants the fence, there doesn't need to be one. State law governing stray livestock or fowl. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. 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. I mentioned it to my neighbor and he does not see anything wrong with the two fences. When a neighbor refuses to pay half of the fence, be more vigilant about keeping to the exact the property lines.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'consort_design_com-banner-1','ezslot_3',107,'0','0'])};__ez_fad_position('div-gpt-ad-consort_design_com-banner-1-0'); What we have discussed so far pertains to scenarios where there was no fence to begin with. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. There are three main definitions: Occupancy: use of the land up to the fence The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. Since the water is now drawing towards my side of the property. Michael, thanks for the question. State they didnt have insurance policies he wanted. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. I hope the business property has to clean up and replace it. Yes, that is correct. Never asked for financial help. 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 new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. In that case, he has to pay the other owner for one-half of the already existing fence. What then do you do when your neighbor will not pay half of the fence in Texas? Never allowed us to consider disparate bids. I asked a contractor how much to tear down my older wooden fence. It discusses the concept of "running at large," liability issues, estrays, and fences. What options do I have? Does it? . Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. But I always say it doesn't hurt to ask, right? He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. Am I correct? Below you will find references to areas of Texas lawrelated to fences. Plus the neighbor will not have the right to even use it in any way without your consent. that would force him to install another 3 foot rod iron fence on his property. My Neighbour refuses to pay for the dividing fence If your neighbour refuses your requests, whether verbally or in writing, you can send a 'fencing notice' to your neighbour This is a legal document specific to your state that sets out the proposed works and provides a timeframe to respond. 10 / 11. Your details will be forwarded to three local experts. Thank you Jason, I appreciate the advice! Yet, since you werent even the homeowner at the time of replacement, I would say in my best judgment that they have no legal standing against you. Thus it all boils down to you engaging them to see their position. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. If you approach your neighbor with the idea to build a new fence that separates your respective properties, and your neighbor agrees that its a good idea and that hed like a new fence too, then common sense dictates that the cost should be split equally. Who is Financially Responsible for the Repair of my Fence? A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Any thoughts not input would be greatly appreciated. Shouldnt we have a right to easily access our own property? Observe boundaries: Don't risk having to tear down that fence by going even one inch over your property line. As far as tearing down part of his fence. 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. Notice of Intent to Alter Shared Boundary Fence. You do not absolutely share the cost of the fence. No! That is if their reasons for not paying are not genuine. This usually happens in cases where: However, in order for a neighbor to be able to be compelled to pay their share of the costs, they need to be using the fence. area let me know and Ill go talk to him! 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. Archived . ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. The whole development had to hire their own landscapers to do their front yards. I am not quite sure I fully understand your question. Fence fell down neighbor refuses to pay he's half? Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. You must be absolutely sure the fence is along the exact property lines to avoid disputes later. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. Do we owe anyliability and responsibility to the neighbors? This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. He may not enter the neighbor's property to trim or destroy the tree. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. The first step in dealing with this is to talk to your neighbor and then compare deed copies. Does this remove us from mutual benefit responsibilities and paying half of the replacement? 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. 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. If your neighbors are damaging your fence, take photos and try to work it out with them first. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). This is because they will be trying to avoid contentions. If you cannot convince your neighbor to pay in these situations, you may be able to make a legal claim against them for the damages. Whether or not your neighbor ends up covering half, some, or none of your new . Griffin v. Sansom. My neighbors want the fence between our houses done. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 3 quotes State laws on fences and range restrictions. 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). I have issues with that because the old fence had the planks on my side. 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. See the resources below for more information. Eventually, we could no longer see the fence from our side. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. You must then pay the contractor in full. Also a small child or animal could possibly get into his yard and get in his pool. I didnt even have the option of getting my own bids or anything. 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. 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. 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. 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. In practice, this means that if Neighbor A decides to build a fence on the property line shared with Neighbor B, Neighbor B generally has to pay for half of it. My point is the 50/50 rule doesn't apply. This is due to your neighbor not following the required steps. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. They had a 5 day notice from time of the written letter to the fence being repaired. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession. My relationship with this neighbor is not good. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Is it his right to put the framed side facing us? I want to get this done the sooner the better and he has not giving me a response since December 2020. What is hus responsibility and should I bear any ? One neighbor is not financially able to split the cost but said he would try and chip in what he could. You should obtain 2 or 3 estimates from fencing contractors for the cost to repair or replace, send them along with a letter to the neighbor . There can only be shared responsibility if the fence was put up right on the property line. Thank you, Every state interprets use differently. And approached us in an aggressive and very critical manner. We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. 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. First off, please whatever you do, do not pay this man a dime. I understood and said whatever wood you do your fence we can get. 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. Can I replace an existing fence without neighbors permission? Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. The fence cost more, because of the extra lumber to make both sides look good. We intend to remove the fence. Of course, it all depends on the laws in the city and state where the tree is located. 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. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. There is a rebuttable presumption that can be overcome. See Conner v. Its an aesthetic preference that she wants a brand new fence. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. How are we doing? Also, the fence was still in decent shape and we hadnt planned on replacing soon. 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. [TX] My parents' neighbor wants money to pay for a new fence. Can she insist on a new fence and I have to pay for half? Right now, we have a block wall fence between my neighbors house and ours. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. 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. Include good color pictures. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? 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. You can state you will fight them in court. Texas has thousands of miles of fences; with the vast majority of them located along boundary lines and roadways, disputes do arise. It happens all the time. Don't have a library account? In certain counties or residential areas there can be ordinances regarding that. Remember he 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. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. 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. This is because you have absolute building rights to build whatever structure you want on your own property. How To Live Without Paying Property Taxes. My fence completely encloses my back garden and is a corner lot. We are buying land. Never gave us the opportunity to make a selection that matched our existing fence. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. when we started doing the siding work. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. If they are not deemed by the law to be using it, then they cannot be compelled to pay. 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 sides of our yard are 6 white vinyl. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. -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. 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. So he got one estimate and paid the company and then demanded I pay half. 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. My gate is set back from the street more than my neighbors. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. 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. Therefore you will need to pay 100% of the costs of replacement! Still proceed to have the fence repaired and then take her to small claims? What then if the neighbor will not pay half of the fence? We both had existing wooden fences, about 12 apart. I still cant see this fence from my property. 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. , 14 S.W. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. what about security/privacy?) Good luck! Rule 1: Dividing fences are owned jointly by adjoining neighbors. Paying in full and go to court is not a good resolution to this situation. This applies to both the costs of maintaining and installing the fence. Your article however is stating there is a State law that says otherwise. Our left siding wall base are dropped to the two neighbors very end of their backyard. Simple as that. In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. So, like many, I have a real A-hole neighbor! Cities or property owner associationswill often try to regulate things such as fence heightbut for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. You cannot force or report the neighbor since they are not legally obligated. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. 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. Today let us look at how to handle a situation where a neighbor will not pay half of fence in Texas. He said he could not pay half only $600. Brian, sounds like you have it pretty much figured out. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. Rule 2: Neighbors shall share the costs of installing the fence equally. I wish they would have just talked to us about going in 50/50 on a new fence. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. 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. 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! 2 attorney answers. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Seems your neighbor would be reaping the rewards with no out of pocket costs for him.