I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. The specifics of the laws that apply to disputes relating to sharing costs of installing and maintaining boundary fences vary from state to state. 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 entirely visible on their side. Do Neighbors have to share the cost of a fence? Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Thank you. Award limits vary by state: $1,500 in Kentucky to $15,000 in Tennessee. Never allowed us to consider disparate bids. Eventually, we could no longer see the fence from our side. Remember he Your article however is stating there is a State law that says otherwise. One section however that was falling down was simply wooden boards. Redwood trees at top of slope in his his corner hides the fencing in this area. 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. , 14 S.W. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. This means that your neighbor (s) have the same rights to the shared fence as you do. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Below you will find references to areas of Texas lawrelated to fences. That 32 of fence is behind a large hedge and is not even visible from my property. The second option is to install the dividing fence on the property line anyway. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. I would have appreciated knowing in advance as I have dogs. Texas law places the burden of proof to establish a claim of adverse possession on the trespasser. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. (Part 2), Texas Stock Laws By County (Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law). 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. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes and case law surrounding open and closed range status. 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. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. Well, I wish I could give you better advice but the matter is in your neighbors hands. He said that would be nice, as most people do not do that. A mediator will help you two to reach an agreement. My neighbors want the fence between our houses done. Be Aware of Tree Root Issues. Thanks! Thus it all boils down to you engaging them to see their position. 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. Make a demand to the neighbor for half of the costs. Never asked for financial help. Also during the raining season, we need to do the roof and siding work asap before the raining season. 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. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! State law governing swimming pool enclosures installed on property within a property owners' association. 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. Who is Financially Responsible for the Repair of my Fence? 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. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. 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. 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. What Can You Do About a Boundary Dispute With a Neighbor? Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Therefore it seems to me she is trying to rip you off! That being said I believe if you are set on getting a vinyl fence you have two options. I hope the business property has to clean up and replace it. Since the fence is the property of both neighbors, then getting the other neighbor involved is always fair. He said he will take me to small claims if I do not pay him. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. Now the neighbor wants the planks that my husband nailed to be removed. If you go down this route your neighbour should . 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. Can I Move Neighbors Stuff Off My Property? She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. Both property owners own the fence erected between the property lines when both use it. They have their vinyl fence and we have our wooden fence (though not economically sound). Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. 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. Peoples experiences do differ though as some go on to have the best neighbors. Except on the front portion which is in my front yard. Any advice on how to proceed or deal with this overbearing representative? However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. Must-dos. 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 other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. While height limits vary from state to state, the general height limit is 4 feet for front fences and 6 feet for rear fences. That is unfair because they can benefit from something they did not pay for. How To Live Without Paying Property Taxes. Additionally, Neighbor B is responsible for maintaining the fence (and yard that leads up to the fence) on his or her side. Yet at the same time they are not legally required to pay anything towards it. If he continues to do so anyway, call the cops. I talked to the contractors and they felt bad no notice was given. He offered to remove our old wooden fence for $600.00. They asked permission and we acquiesced but chose not to participate in the fencing. 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. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. I hope I am understanding your question here correctly?? Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. If you do go onto a neighbor's property or harm the tree, you could be liable for double or triple the value of the tree! Is this situation an exception? Although there have been no reported Texas decisions applying this statute, it is on the books and landowners should be aware of its requirements. 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? Family Handyman. 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. 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. 8: . Thanks. If your neighbor fails to do so and you end up with damage (as in the examples above), you will likely be able to recover damages from the tree owner. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? This is because if you erect a fence it will simultaneously benefit the neighbor. 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. 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. 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. You can do this by first building the fence, and thereafter writing to your neighbor demanding that they pay half of the cost of installing it. The service will then get both of you together and try to make you negotiate. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. I am very concerned the wall could fall. I dont know why she says that. We sent the insurance coverage, licenses. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. 6. What then if the neighbor will not pay half of the fence? 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. Search for state-specific templates available for you to download and print. Otherwise if the fence was pre-existing on your side of the property line, you do not need their prior consent to do anything. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. A fence is no exception. I'll also make sure I'm within my property line just to avoid that headache. I mentioned it to my neighbor and he does not see anything wrong with the two fences. Yes it will unfairly benefit them but the primary reason for erecting it is for your property. what if my dog runs off? This has been on going for 3 years. 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. You do not want to be caught by surprise. My neighbor has informed me he's going to hire a company to fix the fence and then send me a bill for half the cost. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Fight it until the very end! Boundary line disputes may arise between adjoining neighbors for a variety of reasons. In cases where there is a property deed that stipulates whose responsibility it is to set up and maintain a fence, then that party will be the one to take care of all the costs of the fence. Everything you need to know about the California Good Neighbor Fence Law! If so, the fence is a shared responsibility. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. If your dog injures the other pet owner, you may be held liable for the person's medical bills, lost wages, and pain and suffering, on top of veterinary care for the other dog.. A tree located on your neighbor's property fell on the fence. 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. Thank you for your comment/ queston! 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. 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. If you are not sure you can engage professionals e.g. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. The spiders build their webs on the 2x4s and birds perch on the 2x4s. 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 agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. One can still erect fences that are taller than the height limits. 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. The fence does not enclose their front yard but is still a neighboring fence. If this doesnt work, then you should report them to your local HomeOwners Association. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. Yes, you can talk to them to see if they are interested in sharing the costs but they will not be under obligation. At least you will enjoy sole power over the fence. 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. If you plan on building or remodeling the fence . Texas does not have a specific state law that addresses boundary line fences. See the resources below for more information. You can borrow the e-books below with your library account. If they are reasonable enough they will commit to contribute something. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? You do not absolutely share the cost of the fence. 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. He does not live in the area. 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. This applies to both the costs of maintaining and installing the fence. Contact your local government. The neighbor also has a pool. 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. They had a 5 day notice from time of the written letter to the fence being repaired. text messages, etc.) They said that would be a civil dispute amongst neighbors. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. 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.