No wonder why some people prefer to not have any immediate neighbors. I share a fence that is 75 long with a neighbor. 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! There was nothing wrong with previous wood fence it had while home was in escrow. I wish they would have just talked to us about going in 50/50 on a new fence. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. Would we lose in small claims court? 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. If you cannot convince your neighbor to pay in these situations, you may be able to make a legal claim against them for the damages. A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession. Our backyard fence (100) is on or rear neighbors front yard side fence. That 32 of fence is behind a large hedge and is not even visible from my 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. 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. All rights reserved. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? It just appeared one day. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. FREE . I have a neighbor that has built a short retaining wall on his side of the sharing fence line. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. I toll my husband to get if fix with out any response from him. 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. Theres an old saying that good fences make good neighbors. Who is responsible for the maintenance of a fence between two properties? However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. I do not think this qualifies for a Good neighbor fence. There has never previously had a boundary fence. It only benefits them. I didnt even have the option of getting my own bids or anything. If they attach their own fence to it, they are also considered to be using it. Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. No fences. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. , 72 S.W. But, our neighbor says that vinyl fence is the cheapest. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. I was advised by the HOA board about Cal. Then it will be for a judge to decide the matter! I would have appreciated knowing in advance as I have dogs. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. Plus the neighbor will not have the right to even use it in any way without your consent. This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. You do not want to be caught by surprise. Only 43 of that fence serves me, and then my gate encloses my yard. Yes, you can paint your side of the fence because you own part of the fence. In the Woodlands and many other neighborhoods in Houston, fences are required to have the picket side facing any public roads. Thank you for your comment/ queston! The case law for boundary fences is found in. One neighbor is directly responsible for the damage that a fence suffers. Using the website, you can get 3 estimates fast by real certified experts in your area in just 2 minutes. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Since the water is now drawing towards my side of the property. 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. I understood and said whatever wood you do your fence we can get. Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. Fruit that's still on your. "I even offered to pay for half and to do the work," he added. Thanks! Also during the raining season, we need to do the roof and siding work asap before the raining season. I enjoy what I see, therefore Ive decided to follow you. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. They are extremely weak and the most a customer should expect from them is a few years life. The other family was none too happy, calling it "a solid waste spiteful pile of trash . We intend to remove the fence. See the resources below for more information. I have owned my house since it was built, in the early 70s. again please do not pay him a dime. Examples of problems could be a wall that needs repairing or who should pay to replace a fence. Remember he The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. 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! No, this will not cause any issues whatsoever. 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. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. State law governing stray livestock or fowl. What recourse do I have? You can state you will fight them in court. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. 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. If your neighbor doesnt want a fence, you have two options. If so, can I put up planks on my side, once its built? 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. The term good neighbor just refers to the style of the fence. Our property is the lower one and theirs is the higher one. No he won't even listen to me. 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. 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. 2. neighbor won't pay for half of fence texas; new texas fence law; texas property line laws; good neighbor fence law in texas; This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. Texas Fence Law: Open Range.or Not? Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). That can be an indicator of a problematic neighbor. Brian, sounds like you have it pretty much figured out. Most states provide mediation services. The State Bar of Texas created this guide to legal questions from those affected by disasters. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. I am on disability and cannot afford to even split the cost really. This private attorney's office has compiled a list of most Texas counties' stock laws. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. 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. Rule 1: Dividing fences are owned jointly by adjoining neighbors. a surveyor. I Said they should of waited till the house was under my name and I would of helped out. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? In Texas you do not even need the neighbors consent to erect the boundary fence. My neighbour wanted me to pay half to replace the 3 wires and 5 fence posts that consisted of our joint fence. Why would he? Code Sections 143.121-.123, passed in 1981, governs this issue. An article from legal self-help publisher Nolo about how to resolve boundary line disputes. My fence completely encloses my back garden and is a corner lot. 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. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. Yes, he does. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. Good Luck! This applies to both the costs of maintaining and installing the fence. Having a shared responsibility can be much more contentious than you think. Usually in small claims if it is under the max amount in your state (usually around 10-15k). If you dont receive a negative response from your neighbor, or you dont receive any response, then you should proceed and build the fence yourself. Such a fence will be your personal property and you will have absolute control over how you build and use it. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. Everyone likes a good-looking fence, especially if it enhances overall property value. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. The fence does not enclose their front yard but is still a neighboring fence. 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. At least you will enjoy sole power over the fence. Two questions: Possible disputes might be hard to settle so much that they may end up in court. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. 3 quotes We deal solely with fences and decks and not siding, etc. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. What then do you do when your neighbor will not pay half of the fence in Texas? Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? 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. The second option is to install the dividing fence on the property line anyway. We live on a hillside, so our backyard is 3 stories down. 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. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Melissa, very good question. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Any advice on how to proceed or deal with this overbearing representative? Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Hi RC fencing! Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! Texas does not have a specific state law that addresses boundary line fences. Can she insist on a new fence and I have to pay for half? If so, is it exactly on the property line? Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. If it comes down to it you might need to get a restraining order against him. 10 / 11. Sometimes it turns out a fence isn't on the property line after all. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. Learn more about how to register online. Never allowed us to consider disparate bids. The fence has deteriorated and a section has fallen over. That is why a reasonable neighbor might want to consider sharing the cost. Fast forward 30 days the fencing contractor pushes us out to May. Rules and regulations can, however, vary between city and state. The judge will side with you; you are in the right in this case! Our neighbor wants to replace the fence with vinyl fence. 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? My neighbors have large trees, poor maintenance in vegetation that is against our 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 traffic sight distances are impaired. If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. Neighbor wants to upgrade the whole new fence and pay for the whole project. Cases of neighbors refusing to contribute in shouldering the cost of a fence in installation or maintenance are thus not shocking. 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. Now there are two fences that not only a too totally different styles but heights. We both want to replace it. The rulings in these cases provide the basis for fence regulations in the state of Texas. A 2021 article from local news station KPRC 2 Houston discussing the new security measures law and some of the issues property owners are experiencing with their associations when attempting to install fencing on their property. Copyright 2023 Consort Design | Powered by Astra WordPress Theme, Understand What The Law Says About Fences In Texas, Engage The Neighbor To See What Their Position Is, Way Forward If The Neighbor Refuses To Pay Half Fence, Can I Remove Neighbors Fence On My Property, Can My Neighbor Paint My Fence On Their Side. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. The neighbor also has a pool. Can I replace an existing fence without neighbors permission? neighbors. In this scenario, would the State law trump the city? The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. Any tips on how to proceed? : answers to Texans' everyday legal questions [electronic resource], https://guides.sll.texas.gov/neighbor-law, State Bar of Texas Lawyer Referral Service, Texas Civil Practice and Remedies Code, Chapter 16, Subchapter B. 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? This is because you have absolute building rights to build whatever structure you want on your own property. 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. Your neighbor, as the owner of the sucker, would have to pay for your car. We had no say in the decorative fence. We like the open space and look. The fence did add value to the house, and the neighbor built it to be pretty on both sides. Also, it would be good to know for the future in case it happens again. The fence needs to replace much of it because of the poor maintenance on my neighbors side. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. If this sounds similar to your situation then I believe our article can be very helpful. I had the fence erected entirely on my property. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. 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. Thanks for any time you spend reading about my situation. Never consulted us. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. The specifics of the laws that apply to disputes relating to sharing costs of installing and maintaining boundary fences vary from state to state. The second reason was the. If they are not, they might just come up with some excuse to not pay anything. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Would have to agree with Potential Customer partly. 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. 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. They said that would be a civil dispute amongst neighbors. Start out by documenting the current condition of the 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! 6. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! Thanks. 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. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. If they dont, then you should take the matter to mediation. 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. We agreed. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! 864, 864. I'll also make sure I'm within my property line just to avoid that headache. But there's a catch. 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. 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. It was always referred to as their fence, and nobody else could touch it. Home Fencing What happens if the Neighbour refuses to pay for a fence? Pics and docs of the current properties fencing If they refuse to pay for half the costs, then Yes you can still take them to small claims court. 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. 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. Yes it will unfairly benefit them but the primary reason for erecting it is for your property. 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. Eventually, a neighbor moved and sold their house. 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. Can I Move Neighbors Stuff Off My Property? 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. You will then receive a price estimate for the job and some friendly advice. However, if for some reason one side looks better than the other (i.e. Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. 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. What should I do? Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. You bring up replacement due to aesthetics and upgrading a fence? However, generally, the neighbors are supposed to share the costs equally. 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 there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. Property Owners' Association research guide, Section 202.022 of the Texas Property Code, Section 202.023 of the Texas Property Code, POA Power Shift Legislature Gives Property Owners More Rights. 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. This can result in the inconvenience of having to remove the fence and start afresh. The existing fence isnt bad at all. against one of my trees. Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! It leaves me in this terrible circle. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! According to the applicable law in Texas, it is not mandatory for a neighbor to pay half of the fence. My husband nailed planks on the fence to cover the 2x4s. Your neighbor intentionally damaged the fence. I asked a contractor how much to tear down my older wooden fence. Since 1876, however, the Texas Legislature has allowed Texas counties to vote on whether to become"closed range". Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? I still cant see this fence from my property. First point I made was that dont want a wooden fence due to the upkeep of it. The whole development had to hire their own landscapers to do their front yards. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. 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. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. That being said I believe if you are set on getting a vinyl fence you have two options. We cant afford the cost for the fence that he wants($14k). 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. Neighbors can comment on your request during the variance hearing. (Personally, I think we paid for the whole fence for him.) The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences.