He didn't ask me for anything. Only 43 of that fence serves me, and then my gate encloses my yard. As long as you have some proof of everything your telling me (i.e. We sent the insurance coverage, licenses. Telling next door neighbor I intend to install a fence Use this free tool to get in touch with a local fence expert, maintenance of a fence between two properties, Corrugated Metal Fence vs Wood Fence: Comparison, How Many Fence Posts Need for 1 Acre Of Farm Field Fencing, How Many 8-Foot Sections of Fence To Enclose A 1-acre Lot. Waterproofing basement walls before finishing. Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. 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. Those people moved out and a new family moved in. I reported to my insurance and they paid for half the replacement cost. If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. You do not want to be caught by surprise. Thanks! We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. He offered to remove our old wooden fence for $600.00. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. Check with local authorities of your location to get more details. Now there are two fences that not only a too totally different styles but heights. neighbor won't pay for half of fence texas; new texas fence law; texas property line laws; good neighbor fence law in texas; Every property on the North side has the planks and the on Southern fence you have the 2x4s. QUICK CONTACT. 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. In most municipalities it's usually only if the other neighbor agrees to it being installed on the property line can they be held liable for half the cost. If it pre-existed and is on your side of the property line, it is your sole responsibility. Fence Etiquette: Who Gets the Good Side? - The Fence Authority We were both in agreement to pay half each. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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! 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. Bad Neighbor Horror Stories | Cheapism.com Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! The fence currently keeps the neighbors (lot to the east) cattle in. Texas Fence Law Doesn't Require Neighbors to Share the Cost of a Boundary Fence There's no legal obligation of your neighbors to share in the boundary fence. If the neighbor refuses seek legal guidance. 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. 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. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? However, generally, the neighbors are supposed to share the costs equally. I think it was never our intent to have a fence and continue to advocate for no fence. 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). They will help you accurately identify the property lines. I know personally, I would never get involved with such a situation! I wasnt even the owner when he decided to build the block fence. I told him I was happy with the fence as it was because I was an old pensioner and didn't need to waste money on something I didn't need as I'd rather spend it on booze and holidays. If he followed these steps then he could go after you in court and would likely win. It is not something that NEEDS to be done. 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 back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. 'Tacky' backyard fence replacement raises questions over city rules - KRQE What is hus responsibility and should I bear any ? Our situation is different then all the comments I have read. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). If you are not sure you can engage professionals e.g. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Now the neighbor wants the planks that my husband nailed to be removed. I hope the business property has to clean up and replace it. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. Fences and neighbours | People's Law School Can she insist on a new fence and I have to pay for half? 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. Eventually, a neighbor moved and sold their house. Contact your local government. They did not inform us and did ask for us to help pay for the fence. If you find these statutes difficult to understand, please see the Understanding the Lawresources below for a "plain English" explanation of these laws. So you are presented with the same predicament? He does not live in the area. It just appeared one day. Who pays for the fence in Texas - houzz.com From the way you have explained it, I would predict you are not going to be responsible whatsoever. It discusses the concept of "running at large," liability issues, estrays, and fences. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Often times this gesture will include the neighbor having some input into the fence's design. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. 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. Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. If you lack a plat, hire a surveyor to do a new survey of the property. Once the fight starts, your own dog won't distinguish between biting another dog or a human. If the fence is a "division fence", and a property owner wants to request contribution from a neighbor for a portion of the fence cost, Kimball, Tirey & St. John LLP has a package of four letters to request contribution from the neighbor. 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. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. If one neighbor damages the fence, he or she could be liable for costs to repair. Yes, you can build a fence on your side of the property line. The neighbor wanted to put in a fence, and thought we should pay half. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. As far as tearing down part of his fence. Our left siding wall base are dropped to the two neighbors very end of their backyard. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Anyway, can they sue me for 1/2 the cost of this ? 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. Travis Scott Attends Gala With 'Wifey' Kylie and Stormi: Pics in the yard, providing security & privacy, etc. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Fence Repairs: Are They a Shared Cost with My Neighbor? 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. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-7. A couple of the neighbors are hard to deal with. 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). 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. 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? State law alsomandates that all State and US Highways are closed range. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. Since the fence is the property of both neighbors, then getting the other neighbor involved is always fair. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. The pool has nothing to do with it. Having a shared responsibility can be much more contentious than you think. Depending on where you live, they may also . No work until 30days after certified letter. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. What if my neighbor doesnt want a fence? Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Landlord Responsibility for Fence Repair | Home Guides | SF Gate We want to remove the fence on our land, so we can access 100% of our land from our entry gate. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! This must prime you to carefully consider the property lines before erecting the fence. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. I built my house many years ago. (Personally, I think we paid for the whole fence for him.) No! The fence between my house and my neighbour's house is old and falling down. Do we still split it in half? There can only be shared responsibility if the fence was put up right on the property line. And approached us in an aggressive and very critical manner. Their fence does nothing to secure my property. 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. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! Generally, the law considers dividing fences to be a joint property that is owned equally by both neighbors. 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. 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. 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. 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. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. An article from the Texas A&M Real Estate Center discussing all the laws passed in 2021 relating to property owners' associations including those related to swimming pool enclosures and security measures. Resolving Division Fence Disputes -- a Nebraska Q&A It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. However, as far as equally sharing the costs are concerned, there are two main exceptions where the law usually entertains unequal sharing of the costs. 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! I enjoy what I see, therefore Ive decided to follow you. My Neighbor's Tree Has Grown into My Yard What Now? Otherwise if the fence was pre-existing on your side of the property line, you do not need their prior consent to do anything. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. What to Do If Another Dog Attacks Your Dog: Liability and Legal Rights The fence falls after he rent it out to another family who as well as me has 3 large dogs. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. This means that your neighbor (s) have the same rights to the shared fence as you do. The law places responsibility on both parties because both benefit from the fence. I Said they should of waited till the house was under my name and I would of helped out. "I even offered to pay for half and to do the work," he added. If you erect the fence and it encroaches into the neighbors property, they can report you. Regardless, that should always be the starting point, find out what their position is. Yes, that is correct. Repair vs Replacedue to preference or aesthetic. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. She does not want to do it that way. and defecate on them. As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! 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. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Fence it up and intact. 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. 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. 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. The other 400ft i f that line of fence is livestock open space fencing. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. What Can You Do if Your Neighbor is Damaging Your Fence? There is a brick wall between me and my neighbor. The letters are available for $350, and can be purchased by contacting our Business Real Estate Group . If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! The fence between my property and my neighbors property is down. It only benefits them. Part of the fence is now leaning into the neighbors property. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the 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. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. , 72 S.W. 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. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. The subjects of a trespasser's intent and government land are also discussed. 200 from either boundary. 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. Thus it is important to be abreast with any such ordinances. neighbors. look no further than Texas Fence. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. A fence is no exception. Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. Then whenever there is something that needs to be done you discuss it with your neighbor first. She is still refusing to do her part. I am on disability and cannot afford to even split the cost really. Everyone likes a good-looking fence, especially if it enhances overall property value. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Can you paint basement floor with Drylok? 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. It seems irresponsible to not include other information that might leave you stuck with the bill. What happens then? I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. You will then receive a price estimate for the job and some friendly advice. I am not certain if I have any legal obligation to do anything here. Good Neighbor Fence Etiquette | Fence Guidelines and Tips - HouseLogic He said that would be nice, as most people do not do that. They put up white posts and rails, tan slats. Whether you pay for it or not, the "good" side goes outwards. The neighbor also has a pool. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. Neighbors can comment on your request during the variance hearing. Join for use: the attachment of another fence to the boundary fence If we cannot agree, can we each build our own choice of fence? Melissa, very good question. The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. Unfortunately, there are many misconceptions and dead guesses about fence laws. I'll also make sure I'm within my property line just to avoid that headache. The neighbors called and threatened to sue us. Thank you for your article. 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. 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. It is very good you havent paid anything for it yet. 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. Study your house line drawing or plat or order a new survey ($500 to $1,000) from a land surveyor to be sure of boundaries. We agreed. Posted by 4 years ago. Shouldnt they have to replace the fence since they removed it? That being said I believe if you are set on getting a vinyl fence you have two options. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Our property is the lower one and theirs is the higher one. 2 attorney answers. Neighbors dog destroying my fence | TexAgs RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Monday. How To Live Without Paying Property Taxes. 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. An existing dividing fence is owned by both neighbors and so seeking your neighbors permission before replacing it is generally advisable. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Im confident if I contracted any work on the wall he would not allow workers on his property. Certified letter of intent Make a demand to the neighbor for half of the costs. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. 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. Brian, sounds like you have it pretty much figured out. The rest of the fence between our backyards is fine. Your article however is stating there is a State law that says otherwise. Although there have been no reported Texas decisions applying this statute, it is on the books and landowners should be aware of its requirements. Except on the front portion which is in my front yard. If they are reasonable enough they will commit to contribute something. We deal solely with fences and decks and not siding, etc. Can My Neighbor Make Me Pay For Fence? - Backyardscape Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library Will we need to pay? Neighbor has constantly harassers me constantly if he sees something touching his fence. No wonder why some people prefer to not have any immediate neighbors. There is a rebuttable presumption that can be overcome. Best to have a survey done. The court can do one of three things: Order removal. 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. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! We both had existing wooden fences, about 12 apart. Rule 3: The responsibility of repairing and maintaining the fence lies equally on both neighbors. Posted on Jan 17, 2017. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. 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. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Simple as that. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. sorry for the crappy neighbor, youd be surprised how common this really is! 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 fence is solely your responsibility. Who is Financially Responsible for the Repair of my Fence? Step 1: Talk face-to-face Step 2: Request a tree inspection Step 3: Write a letter Step 4: Take legal action Step 5: Document damage Step 1: Talk face-to-face If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree. 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.