I am a single mother, this is my 1st home and I just cant afford $3500. The neighbor verbally agreed to this via texts and I sent quotes via texts. If you find these statutes difficult to understand, please see the Understanding the Lawresources below for a "plain English" explanation of these laws. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. I know personally, I would never get involved with such a situation! Our property is the lower one and theirs is the higher one. 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. Copyright by the Texas State Law Library. Our properties backup to a small slope. Often times this gesture will include the neighbor having some input into the fences design. Can I Tear Down My Neighbor's Fence On My Property, Neighbor Connected To My Fence Without Permission, Notice To Remove Mobile Home From Property. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. It refers to a fence that uses sandwich construction, i.e. Thank you, 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. 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. What can I do? 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. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. 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. But, our neighbor says that vinyl fence is the cheapest. 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. He has the responsibility to pay for half of a fence between yards. Especially since they are quite a bit more expensive and in theory will last a lifetime. 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. 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. A mediator will help you two to reach an agreement. One can still erect fences that are taller than the height limits. Fruit that's still on your. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. Contact us today at 405-778-1545 or click on the big green button below to schedule a . Do your neighbors not agree on fixing the fence, what contractor to use, or the price? 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. I told him I would also throw my neighbor a bone. 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. 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. Assuming your neighbor will pay half is incorrect. My fence completely encloses my back garden and is a corner lot. One neighbor wants a fence that is of higher quality and thus more expensive than necessary. that would force him to install another 3 foot rod iron fence on his property. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. The fence needs to replace much of it because of the poor maintenance on my neighbors side. 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. Unfortunately, there are many misconceptions and dead guesses about fence laws. That 32 of fence is behind a large hedge and is not even visible from my property. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Then whenever there is something that needs to be done you discuss it with your neighbor first. Of course, it all depends on the laws in the city and state where the tree is located. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. 1.1K Posts. 167, 168 and. Seems like a stalling tactic to avoid paying for it. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Contact your local government. There hasnt been any communication at all from my neighbor I toll my husband to get if fix with out any response from him. Home Garden Guides3023 E 1st St Long Beach, California+1 (657) 655 8708, 2022 Go Quotes Pty Ltd Terms and Conditions | Privacy Policy | Site Map, Compare Fencing Installation Estimates Now. However, if for some reason one side looks better than the other (i.e. Therefore, if you hit a negotiation roadblock with your neighbor, the first thing that you should do is to visit a local office of their offices and present your case. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. And after you are done, you can write a demand letter to your neighbor requiring that they reimburse you their share of the costs. 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. 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? Is this situation an exception? The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. I am currently dealing with a neighbor that is refusing to fix our shared fence. 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. If you are currently in dispute with a neighbor over their fence, you should . Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. State they didnt have insurance policies he wanted. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. It leaves me in this terrible circle. 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. However they want to put a new retaining concrete wall and then put the fence on top. Can a neighbor remove a fence? Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. Will we need to pay? The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. In the case of the exceptions noted above, the fence can be no higher than about 4 feet. In certain counties or residential areas there can be ordinances regarding that. Any tips on how to proceed? What options do I have? Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Such a fence will be your personal property and you will have absolute control over how you build and use it. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. 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. 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. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Insights from a Fence Installation Contractor in Lake Forest, Illinois. See ourMunicipal Laws and Ordinancespage for assistance locating your local laws. Only 43 of that fence serves me, and then my gate encloses my yard. Or, you can ask your neighbors if they are willing to share the costs of replacement and locate the new fence on the property line. This must prime you to carefully consider the property lines before erecting the fence. If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. What do you do when neighbors erect a fence which blocks the light into your home? What happens if the Neighbour refuses to pay for a fence? He may not enter the neighbor's property to trim or destroy the tree. and defecate on them. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Our backyard fence (100) is on or rear neighbors front yard side fence. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! Generally, each neighbor is equally responsible for boundary line fences. According to the law, you do have the responsibility to pay for half of a shared fence. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. 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. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. The first step in dealing with this is to talk to your neighbor and then compare deed copies. I don't care if there's a fence between the properties, and I don't want to pay . Best to have a survey done. Brian, sounds like you have it pretty much figured out. If your neighbors are damaging your fence, take photos and try to work it out with them first. This has been on going for 3 years. His tenant dog Kill my dog. 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. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. Exterior Paint for Bathrooms: A Cheaper Alternative? While neighbors are generally required to share equally in shouldering the burden of maintaining and repairing a dividing fence, this does not apply in cases where one neighbor is to blame for a fences damage. Having a shared responsibility can be much more contentious than you think. 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. They will help you accurately identify the property lines. However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. Do we owe anyliability and responsibility to the neighbors? Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? Also a small child or animal could possibly get into his yard and get in his pool. Part of the fence is now leaning into the neighbors property. Who has to pay to replace it? Fence companies usually install a foot inside the line, to be on the safe side. against one of my trees. So, like many, I have a real A-hole neighbor! Whos responsible? The whole development had to hire their own landscapers to do their front yards. The service will then get both of you together and try to make you negotiate. What if the adjacent property is an apartment complex? The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. This can result in the inconvenience of having to remove the fence and start afresh. If the neighbor refuses seek legal guidance. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! It would be nice, yes. 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. 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. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining 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. Fight it until the very end! The fence is over 25 years old and the entire fence could stand to be replaced. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. I hope I am understanding your question here correctly?? Today let us look at how to handle a situation where a neighbor will not pay half of fence in Texas. This is because they will be trying to avoid contentions. You will just have to go ahead and erect the fence. Texas has thousands of miles of fences; with the vast majority of them located along boundary lines and roadways, disputes do arise. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. There better be good reasons other than make my yard look better. . In the front yard. For instance it might involve replacing the fence or getting it fixed. A backyard fence that splits the property lines between neighbors is called a boundary fence. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. Additionally, Neighbor B is responsible for maintaining the fence (and yard that leads up to the fence) on his or her side. And after you are done, you can then proceed to mediation or to court in order to have your neighbor pay half of the cost of installing the fence. 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. We intend to remove the fence. 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. However, he wants all the planks on his side while the 2x4s are in my side. I am very sorry to hear about your situation. Travis Scott had some sweet words to share about Kylie Jenner and their daughter, Stormi, 3, after the trio walked the red carpet at the 72nd annual Parsons Benefit in New York City on Tuesday . . 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. when we started doing the siding work. Thus it all boils down to you engaging them to see their position. To do this, the repair must be completed and paid for prior to the lawsuit. 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. A tree located on your neighbor's property fell on the fence. They'll first have to consult with you to get your approval for the decision. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. 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. Vancouver, BC. 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! Shouldnt they have to replace the fence since they removed it? Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. 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. -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.