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 law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? Yet at the same time they are not legally required to pay anything towards it. This must prime you to carefully consider the property lines before erecting 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. How is this even possible? Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. Well, its simpler than that. However, they will need a permit in order to do so. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. 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! Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . One neighbor is not financially able to split the cost but said he would try and chip in what he could. Notice of Intent to Alter Shared Boundary Fence. Yes, that is correct. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . I asked a contractor how much to tear down my older wooden fence. Never consulted us. In certain counties or residential areas there can be ordinances regarding that. 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. Nolan v. Mendere. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. My neighbor replaced our old Good neighbor fence. Fence Height Rules. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. If they attach their own fence to it, they are also considered to be using it. 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. ETA: In a similar fashion, when I rebuild my house in a few years and and put in a new fence, I won't be asking any of my three neighbors for any fencing contributions. I am very concerned the wall could fall. Here is what you should know about what happens if a neighbor refuses to pay for a fence. The neighbor isn't responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. This is if you dont take the proper steps leading up to the construction of the fence. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! What then do you do when your neighbor will not pay half of the fence in Texas? 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? I am willing to fix it but she wants a new fence. In Texas you do not even need the neighbors consent to erect the boundary 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. One interesting issue is that of fencing. Often times this gesture will include the neighbor having some input into the fence's design. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. 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. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Created by the Texas A&M AgriLife Extension, this book gives landowners a background on how Texas fence laws originated, explains the current laws that landowners should know, and details a few common fence dispute scenarios and solutions. Not your property, not your fence. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. 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. 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! Rule 2: Neighbors shall share the costs of installing the fence equally. There were 3 major mistakes on his part. Since a dividing fence is deemed to be owned equally by both parties, then it follows that the neighbors contribute equally towards setting it up. They asked permission and we acquiesced but chose not to participate in the fencing. Our road is in desperate need of repaving. So, like many, I have a real A-hole neighbor! 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. There hasnt been any communication at all from my neighbor 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. 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. There are a few basic rules that govern dividing fences. A dispute over a North Carolina family using another's private driveway resulted in the construction a four-tire-high, 200-foot "work of art" sourced from a local landfill along their property line in 2018. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. 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. 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. against one of my trees. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. The property line shows that the easement belongs to my neighbors parcel. Find your plat and review it together. 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. If you are not sure you can engage professionals e.g. I have issues with that because the old fence had the planks on my side. Fence companies usually install a foot inside the line, to be on the safe side. Despite this, many neighbors will downright refuse to pay a penny towards the costs. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. 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. Family Handyman. 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. If you refuse to pay, your landlord can deduct the fence repairs from your security deposit. He said he will take me to small claims if I do not pay him. 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. He didn't ask me for anything. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. See the resources below for more information. No work until 30days after certified letter. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. 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! Of course, it all depends on the laws in the city and state where the tree is located. The other 400ft i f that line of fence is livestock open space fencing. As a result, provided both neighbors are using a fence, the law stipulates that the costs of installing and maintaining the fence should be shared equally between the neighbors. 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! Additionally, Neighbor B is responsible for maintaining the fence (and yard that leads up to the fence) on his or her side. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Fences and boundary lines are a common source of grievance among neighbors, with the Texas Law State Library saying: "A common dispute among neighbors is who owns, as well as who is. Code Sections 143.121-.123, passed in 1981, governs this issue. The fence is old and grey but was being maintained with new planks when needed. The house sold for more than asking, by the way. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. State they didnt have insurance policies he wanted. However, fence etiquette does not require you to run your design plans by your neighbor. The neighbors called and threatened to sue us. When your property borders with another fencing can be tricky. what about security/privacy?) If they don't agree to repair it, take your fence dispute to small claims court. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). The fence does not enclose their front yard but is still a neighboring fence. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Our neighbor wants to replace the fence with vinyl fence. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. Since the fence is the property of both neighbors, then getting the other neighbor involved is always fair. I want to get this done the sooner the better and he has not giving me a response since December 2020. Chances are the fence you build will look the same on both sides. I did not understand exactly but saw it was the same price and pressure treated, etc. Rule 3: The responsibility of repairing and maintaining the fence lies equally on both neighbors. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Make a demand to the neighbor for half of the costs. If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. 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. If he followed these steps then he could go after you in court and would likely win. 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. 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 wall is leaning significantly toward my property and I am afraid it could fall. 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. We have both got estimates that are similar in price. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Whos responsible? What happens if the Neighbour refuses to pay for a fence? Do bear in mind that there can be stipulations on features and dimensions of the fences. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. It is entirely visible on their side. Posted by 4 years ago. My husband wants to put the planks on our side. And approached us in an aggressive and very critical manner. He does not live in the area. If one neighbor damages the fence, he or she could be liable for costs to repair. 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. This appears to be the pattern on our block. Yes, you can paint your side of the fence because you own part of the fence. Which has become an eyesore. We agreed. 6. Who has to pay to replace it? 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. I noticed this when it was almost done. Each fence on our own respective properties. Neighbor wants to upgrade the whole new fence and pay for the whole project. Fencing mayalso be regulated by Texas municipalities. You need to tell him he is harrasing you and you will not stand for it. And if one neighbor refuses to pay, the other neighbor can do the installation or repairs and thereafter seek to be reimbursed by the other neighbor. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. No, if neither neighbor wants the fence, there doesn't need to be one. What if my neighbor doesnt want a fence? 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. Eventually, a neighbor moved and sold their house. (Part 1), Texas Fence Law: Open Range.Or Not? I wish I could help you, if you live around the Concord, CA. Generally, each neighbor is equally responsible for boundary line fences. Do owners of homes with pools fall under a different set of rules. Of course, like many laws there are exceptions. What should I do? . A week later, I came home to find a for sale sign in his lawn. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining the fence. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Fight it until the very end! Has he prepared or filed any paperwork? When traffic sight distances are impaired. , 72 S.W. Personally I dont think they look as close to real wood as they need to. Thank you, Secondly, I wouldnt pay them a dime if I were you. I built my house many years ago. This means that your neighbor (s) have the same rights to the shared fence as you do. As far as the charging you for cleaning costs, etc. All dogs get out. There are three main definitions: Occupancy: use of the land up to the fence Therefore it seems to me she is trying to rip you off! What i am doing after reading your sites info: In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. Please take our patron satisfaction survey. Your 50 percent ownership of the fence is no different. Then his brother who lives in the house said he would do it and never provided quotes. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? How are we doing? Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Since the water is now drawing towards my side of the property. 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. The pool has nothing to do with it. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. 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. 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. Theres an easement/driveway between my backyard and my neighbors front yard. We deal solely with fences and decks and not siding, etc. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. In some cases it is possible they might not have the capacity to contribute something. And also if the fence forms part of a structure enclosing their property. An individual is only allowed to trim a neighbor's tree up to the property line. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. 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.