The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. I just had a fence erected between me and my neighbor. 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. Has he prepared or filed any paperwork? We intend to remove the fence. I hope the business property has to clean up and replace it. I did not understand exactly but saw it was the same price and pressure treated, etc. The neighbor verbally agreed to this via texts and I sent quotes via texts. 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. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. Fast forward 30 days the fencing contractor pushes us out to May. It does not extend the full length of the front yard (only about 15 feet of 45 or so). 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! I reported to my insurance and they paid for half the replacement cost. Its an aesthetic preference that she wants a brand new fence. This is very true OriginalWally, thank you very much for the information! It blocks NOTHING in only on their side, which is why they want it done. No he won't even listen to me. 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. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. 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. look no further than Texas Fence. He said that would be nice, as most people do not do that. The first option is to build the fence on your side of the property line. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. Thank you for your comment/ queston! See the resources below for more information on how to resolve these types of disputes. In certain counties or residential areas there can be ordinances regarding that. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Also a small child or animal could possibly get into his yard and get in his pool. Should My Neighbor Help Pay for My Fence? One neighbor wants a fence that is of higher quality and thus more expensive than necessary. I told him I would also throw my neighbor a bone. 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. The fence currently keeps the neighbors (lot to the east) cattle in. At least you will enjoy sole power over the fence. This is due to your neighbor not following the required steps. You do not absolutely share the cost of the fence. 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. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. . 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. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. I have a 5 acre property with no HOA or perimiter fence requirements. We cant move forward with the project without the fence removed. We deal solely with fences and decks and not siding, etc. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the 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. However, you can be right and still have to pay for the whole fence. I have issues with that because the old fence had the planks on my side. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. First off, please whatever you do, do not pay this man a dime. Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? Can she force me to pay for the materials and she do the labor? Whos responsible? Join for use: the attachment of another fence to the boundary fence The fence needs to replace much of it because of the poor maintenance on my neighbors side. Hes going forward with it and we will get the framed side. I didnt even have the option of getting my own bids or anything. Fencing mayalso be regulated by Texas municipalities. Call a minimum of 3 fencing companies, such as. text messages, etc.) (Personally, I think we paid for the whole fence for him.) Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Peoples experiences do differ though as some go on to have the best neighbors. In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. There is a brick wall between me and my neighbor. Let us now discuss a scenario where neighbors have a boundary fence they found there already. 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. Im confident if I contracted any work on the wall he would not allow workers on his property. Did the fence pre-exist you and the neighbor? 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. The fence between my property and my neighbors property is down. Vancouver, BC. Griffin v. Sansom. 10 / 11. If so, the fence is a shared responsibility. I paid for the whole thing and did not ask the neighbor for any help or money. Any thoughts not input would be greatly appreciated. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall, Approaching your neighbors about paying half. State law alsomandates that all State and US Highways are closed range. If we cannot agree, can we each build our own choice of fence? Make sure you know how to check if tree roots are gumming up your sewer line. The "Removal of Adjoining Fences" statute, Texas Agric. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Well, I wish I could give you better advice but the matter is in your neighbors hands. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The other 400ft i f that line of fence is livestock open space fencing. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Can I build a fence on my side of the property line? In the unwritten rules ofhome fencingetiquette, the first thing you should do after deciding to build a new fence is to discuss the project with your neighbor. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. The only issue that will come into play is the short notice period or your case would be a slam dunk.. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. Yes, you can paint your side of the fence because you own part of the fence. Texas Fence Line Agreement Download legal document templates from the largest catalogue of legal forms. A new fence is going up tomorrow. I am currently dealing with a neighbor that is refusing to fix our shared fence. I gave them 15 days to accomplish this and also gave my phone number. This applies to both the costs of maintaining and installing the fence. 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. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. 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. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. We both had existing wooden fences, about 12 apart. 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. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. No wonder why some people prefer to not have any immediate neighbors. 167, 168 and. I do not think this qualifies for a Good neighbor fence. This e-book provides information about your legal rights and responsibilities as a neighbor. According to the applicable law in Texas, it is not mandatory for a neighbor to pay half of the fence. RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. Regardless, that should always be the starting point, find out what their position is. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Now we are stuck and the cost is adding everyday to put home on market for sale. 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. . 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. Also try pepper spraying the boards thru the cracks while your dog is out there. While the law may vary from state to state, it is generally clear when it comes to boundary fences: they are jointly owned by the neighbors. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. What Can You Do About a Boundary Dispute With a Neighbor? Robert Frost said, "Good fences make good neighbors." Apparently, he wasn't talking about a tire fence. When a neighbor refuses to pay half of the fence, be careful. 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. I want to get this done the sooner the better and he has not giving me a response since December 2020. The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. But there's a catch. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. You will then receive a price estimate for the job and some friendly advice. Whether or not your neighbor ends up covering half, some, or none of your new fences cost, keep the following things in mind when building and maintaining the fence: Select a classy fence design that meshes with your home, your neighbors home, and your neighborhood as a whole. The good news, you have absolutely nothing to worry about. Under BC law, either neighbour can apply to court for a resolution. Rule 1: Dividing fences are owned jointly by adjoining neighbors. And if that doesnt yield the results that you want, then you can file a suit in a Small Claims Court seeking to have the neighbor pay their share of the costs. The fence its in a really bad condition. The old saying that "good fences make good neighbors" still applies today. 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? Everything you need to know about the California Good Neighbor Fence Law! If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. He has the responsibility to pay for half of a fence between yards. Include good color pictures. If they say no then the fence building homeowner is normally obliged to build it on their own side of the property line, at their cost. You must be absolutely sure the fence is along the exact property lines to avoid disputes later. I would have appreciated knowing in advance as I have dogs. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. Thank you Jason, I appreciate the advice! We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. What if the adjacent property is an apartment complex? 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. 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! The fence cost more, because of the extra lumber to make both sides look good. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. The other family was none too happy, calling it "a solid waste spiteful pile of trash . This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. Nolan v. Mendere. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. But I always say it doesn't hurt to ask, right? It offers a free service that quickly matches you with the top-voted local expert fence contractors. Therefore it seems to me she is trying to rip you off! We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. A mediator will help you two to reach an agreement. You do not want to be caught by surprise. 6. 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. Fruit that's still on your. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. So you are presented with the same predicament? Joel I wish I could be of more help but this is a question outside my area of knowledge. However, if for some reason one side looks better than the other (i.e. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. I wish I could help you, if you live around the Concord, CA. No fences.